A.

Number of Structures on a Lot

In the R-1, R-2, and R-2-35 Districts no more than one principal building per lot is allowed. This does not include permitted accessory structures. In all other districts, more than one principal building is permitted on a lot, provided that each complies with all dimensional requirements of the district as though it were a principal building on an individual lot.

B.

All Activities within an Enclosed Structure

Within all non-residential districts, all activities must be conducted entirely within an enclosed structure, with the exception of the following uses and activities:

1.

Parking lots, principal and ancillary.

2.

Open space.

3.

Permitted outdoor storage, and outdoor sales and display areas.

4.

Permitted outdoor temporary uses.

5.

Those uses with an integral outdoor component including, but not limited to, outdoor amusement facilities, outdoor storage yards, heavy commercial - retail and rental and service, outdoor seating, car washes, animal care facilities, and similar businesses. The Zoning Administrator may render an interpretation that certain uses not listed above have an outdoor component as an integral part of their function.

C.

Applicability of Dimensional Requirements

All structures must meet the dimensional requirements of the district in which the structure is located. No existing structure may be enlarged, altered, reconstructed, or relocated in such a manner that conflicts with the requirements of the district in which the structure is located.

A.

Lighting Plan Required

1.

A lighting plan is required for all non-residential and mixed-use developments, multi-family dwellings, and planned unit developments. Single-family, two-family, and townhouse dwellings are exempt from a required lighting plan but must meet the lighting requirements of this section. A lighting plan will be reviewed as part of site plan review.

2.

A lighting plan must include the following:

a.

A plan showing all light pole locations, building-mounted lights, bollard lights, and all other lighting, with the schematic wiring layout and power source connection indicated.

b.

Specifications for luminaires and lamp types, poles, wiring, conduit, and appurtenant construction, including photographs or drawings of proposed light fixtures.

c.

Pole, luminaire, and foundation details including pole height, height of building-mounted lights, mounting height, and height of the luminaire.

d.

Elevations of the site including all structures and luminaires sufficient to determine the total cutoff angle of all luminaires and their relationship to abutting parcels.

e.

Photometric plans that show the foot candle measurement at all lot lines.

f.

Other information and data reasonably necessary to evaluate the required lighting plan.

B.

Maximum Lighting Regulations

1.

The maximum allowable foot candle at any lot line is one foot candle.

2.

When additional security lighting is required for security reasons in excess of the foot candle limit imposed by item 1 above, the body reviewing the lighting plan may allow such additional lighting without a variation based on evidence for the need for additional security.

3.

No glare onto adjacent properties is permitted.

C.

Luminaire with Cutoff Standards

1.

To be considered a cutoff luminaire, the cutoff angle must be 75 degrees or less.

2.

The maximum total height of a freestanding cutoff luminaire is 35 feet. Any freestanding luminaire greater than 35 feet in total height requires special use approval.

D.

Luminaire with No Cutoff Standards

1.

A luminaire is considered to have no cutoff if it is unshielded or has a cutoff angle greater than 75 degrees.

2.

The maximum permitted total height of a freestanding luminaire with no cutoff is 20 feet. Any freestanding luminaire greater than 20 feet in total height requires special use approval.

E.

Exceptions to Lighting Standards

1.

Luminaires used for public roadway illumination are exempt from the requirements of this Ordinance.

2.

All temporary emergency lighting required by public safety agencies or other emergency services, as well as all vehicular luminaires, are exempt from the requirements of this Ordinance.

3.

Reserved.

4.

Certain temporary uses may exceed the lighting limitations of this section. When such temporary uses require lighting that exceeds the restrictions, approval of all lighting is required as part of the temporary use permit.

F.

Prohibited Lighting

1.

Flickering or flashing lights are prohibited.

2.

Private searchlights, private laser source lights, or any similar private high intensity lights are prohibited.

(Ord. No. 2018-29, § 2(Exh. 1), 6-26-18)

All accessory structures and uses are subject to the requirements of this section and the permitted encroachment requirements of Section 9.4. Additional accessory structures not regulated in this section may be regulated in Section 9.4.

A.

General Regulations for Accessory Structures

All accessory structures are subject to the following regulations, in addition to any other specific regulations within this section.

1.

No accessory structure may be constructed prior to construction of the principal building to which it is accessory.

2.

A building permit is required for the construction of an accessory structure, unless specifically exempted by this Ordinance.

3.

Only those accessory structures permitted by this section and Section 9.4 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards. Minimum "setbacks" are determined by the district standards. The term "yard" refers to the area between the building line and the lot line. The distinction is made because certain principal buildings may not be built at the required setback line, thereby creating a yard larger than the minimum setback dimension. If a structure is permitted within a yard, it is permitted within the required setback, subject to any additional limitations.

4.

Accessory structures are included in and must comply with all maximum impervious surface and building coverage requirements.

5.

The maximum height of any detached accessory structure is 12 feet and one story, unless otherwise permitted or restricted by this Ordinance.

6.

Accessory structures must be at least three feet from a side lot line and five feet from a rear lot line, unless otherwise permitted or restricted by this Ordinance.

7.

Accessory structures must be at least ten feet from a principal structure, as measured from building walls, unless otherwise permitted or restricted by this Ordinance.

8.

Accessory structures cannot be used for the keeping, propagation, or culture of poultry, livestock, pigeons, or bees.

9.

The total area of all accessory structures cannot cover more than 33% of the rear yard.

10.

The total square footage of all accessory structures on one lot shall not exceed 770 square feet.

11.

No permanent accessory structure shall be built over existing public sewer or water lines or within sewer or water easements. If a permanent accessory structure is built over existing public sewer or water lines and those lines are in need of repair or replacement, the cost of removing the permanent accessory building shall be borne upon the owner of the structure. The Village shall not be responsible for the replacement of such structure.

12.

No accessory structure may be used for temporary or long-term residential dwelling purposes.

13.

In residential districts, a motor vehicle garage or other accessory structure shall not be used in conjunction with a commercial or business activity, except that commercial vehicles may be parked or stored in a garage.

14.

In manufacturing districts, storage tanks up to 50-feet in height and located outside of required yard areas are permitted structures.

B.

Amateur (HAM) Radio Equipment

1.

Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in Section 9.5 are permitted only in the rear yard, and must be located ten feet from any lot line and any principal building. Towers are limited to the maximum building height of the applicable district plus an additional ten feet. If a taller tower is technically necessary to engage successfully in amateur radio communications, special use approval is required.

2.

Antennas may also be building-mounted and are limited to a maximum height of ten feet above the existing height of the structure. If a taller antenna is technically necessary to engage successfully in amateur radio communications, special use approval is required.

3.

When a special use is applied for to increase the height of an antenna or tower above that allowed, the operator must provide evidence that a taller tower and/or antenna is technically necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower and/or antenna will not prove a hazard and that it conforms to all applicable performance criteria of Section 9.5. As part of the application, the applicant must submit a site plan showing the proposed location of the tower or antenna, as well as its relation to all principal buildings and accessory structures and on adjacent lots if within the fall radius of the tower.

4.

Every effort must be made to install towers or antennas in locations that are not readily visible from adjacent residential lots or from the public right-of-way, excluding alleys.

C.

Carport

1.

Carports must be attached to the primary structure or to a detached garage and are permitted only in the interior side yard, corner side yard, or rear yard and cannot be located in any required setback.

2.

Carports attached to the primary structure are not considered to be accessory structures but part of the primary structure and must comply with primary structure set-back requirements.

3.

Carports attached to a detached garage are considered to be accessory structures and must comply with set-back requirements for accessory structures.

4.

Carports must be located over a driveway.

5.

A carport must be constructed as a permanent structure. Temporary tent structures are not considered carports.

D.

Coldframe Structures

1.

Coldframe structures do not require a building permit.

2.

Coldframe structures up to three feet in height are permitted in the interior side, corner side, and rear yards.

3.

Coldframe structures over three feet in height are permitted only in the rear yard.

4.

Coldframe structures are limited to a maximum height of six feet.

5.

Coldframe structures are not subject to the any minimum separation requirements from a principal or accessory structure.

E-1.

Decks—R-1, R-2, and R-2-35 districts

1.

May be located no closer than ten feet from the rear lot line unless the deck is 24 inches or more above grade, in which case the deck may be located no closer than 15 feet from the rear lot line;

2.

Shall not be located within a) a required interior side yard; b) between the building line and the corner side lot line; or c) between the building line and front lot line;

3.

In rear yards, the side yard lot line setback shall be no less than seven feet in R-1 and six feet in R-2 and R-2-35 districts or extend past the sidewall of the principal building extended, whichever is less.

4.

Shall not be located in any easements or within five feet of any public utility;

5.

May be located no closer than three feet from accessory structures unless the deck is 24 inches or more above grade, in which case the deck may be located no closer than ten feet from accessory structures;

6.

Shall be considered as a 'Balcony' when serving a second floor in which case they shall not exceed 80 square feet. See Table 9-1;

7.

No railing/screening/fencing on any deck shall be greater than six feet in height from grade unless required by Section 312.1 of the Residential Building Code.

E-2.

Decks in the R-3 and R-4 districts

1.

Decks proposed in the R-3 and R-4 districts will be reviewed per Section 15.6.

E-3.

Rooftop Decks in the R-1, R-2, R-2-35; and R-3 districts

Decks which are constructed on top of a first-floor building such as an attached garage or one-story addition are allowed under the following conditions:

1.

Are only allowed in single-family and two-family residential districts;

2.

Are only allowed in rear or interior side yards;

3.

Are only allowed as part of the principal structure and are not allowed on detached or accessory structures;

4.

Must comply with all set-backs for the principal structure;

5.

Must provide railings and other safety features as required by the Building Code;

F.

Electric Vehicle Charging Station

1.

Commercial electric vehicle charging stations are permitted as an accessory use within any principal or accessory parking lot or structure, or gas station in all districts.

2.

Electric charging station equipment may not block the public right-of-way.

3.

Each public charging station space must be posted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations must be included if time limits or tow away provisions are enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted.

4.

Charging station equipment must be maintained in good condition and all equipment must be functional. Charging stations no longer in use must be immediately removed.

G.

Fences and Walls

Fences and walls are subject to the regulations of the Village Building Code.

H.

Garages

The following standards apply to all residential garages, with the exception of multi-family dwellings. Attached garages are not considered an accessory structure but are subject to the regulations of this section for attached garages. See Section 10.3(C) for driveway rules.

1.

Attached Garages

a.

Front-loaded attached garages are limited to 50% of the width of the building or 22 feet, whichever is greater. Garage width is measure between garage doors; in the case of garages designed with multiple garage doors the distance is measure between the edge of the outermost doors.

b.

Any front-loading attached garage with a full second floor above shall have an additional roof line that runs at least as wide as the garage door(s) with a minimum projection of 12 inches.

2.

Detached Garages

See Section 10.3(C) for driveway rules.

a.

One detached garage is permitted per lot.

b.

The area above the vehicle parking spaces in a detached garage may not be used for living area.

c.

Detached garages are permitted only in the rear or interior side yards, and must be three feet from any interior side lot line, 5 feet from the rear lot line, and cannot be located in front of the front building line.

d.

If a lot abuts an improved public alley that provides adequate access to a street, a detached garage may be constructed so that access is from the improved public alley. Access may also be provided from the street, subject to the rules of Section 10.3(C).

e.

Detached garages are limited to a maximum height of 15 feet and a maximum square footage of 770 square feet.

I.

Home Occupation

1.

The home occupation must be conducted by an individual or individuals permanently residing on the premises. No outside employees are permitted.

2.

Signs, displays, or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited.

3.

The home occupation and all related activity, including storage, must be conducted completely within the dwelling.

4.

No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.

5.

Alterations to the principal or accessory structures that would alter the residential character are prohibited.

6.

The home occupation and any related activity must not create any traffic hazards or nuisances in public rights-of-way.

7.

No home occupation is permitted that requires clients, patients, pupils, or customers to visit the home.

8.

There must be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.

9.

Day care homes are not considered a home occupation and are regulated separately by this Ordinance.

10.

Business licenses shall not be granted by the Village for Home Occupations.

J.

Mechanical Equipment

Mechanical equipment is subject to the regulations of the Village Building Code.

K.

Play Structures

Play structures are permitted accessory structures in all R-1, R-2, and R-2-35 districts and will be treated as 'sheds' in Table 9-1.

L.

Refuse, Recycling, and Grease Containers

Refuse, recycling, and grease container regulations apply only to those uses that collect refuse, recyclable materials, and grease in commercial containers.

1.

Such containers do not require a building permit.

2.

Such containers are prohibited in the front yard.

3.

Refuse, recycling, and grease containers in the commercial and office and industrial districts must be fully enclosed on three sides by a solid masonry wall, or wall of the principal building a minimum of six feet and a maximum of seven feet in height. The enclosure must be gated. The gate must be of solid construction. In the M District, Refuse, recycling, and grease containers must meet these standards only when visible from a public right-of-way.

M.

Rooftop Accessory Structures

Rooftop accessory structures are prohibited on single-family and two-family dwellings, with the exception of roof-top decks, which are permitted on single-family and two family dwellings as provided in Section 9.3(E-3) above. No other rooftop accessory structures or uses are allowed on single-family or two-family dwellings.

Accessory structures and rooftop features on buildings other than single-family and two-family dwellings, including green roofs, rooftop decks, rooftop gardens, storm water detention systems, and similar accessory structures and uses, are permitted subject to approval by the Director of Community Development. Such structures are excluded from the calculation of maximum height. The roof must contain sufficient space for future necessary installations such as mechanical equipment.

N.

Satellite Dish Antennas

1.

General Requirements

a.

Small satellite dish antennas one meter or less in diameter do not require a building permit. Large satellite dish antennas require a building permit.

b.

Satellite dish antennas one meter or less in diameter must be permanently installed and cannot be mounted on a portable or movable structure.

c.

Subject to operational requirements, the dish color must be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer and any required warnings.

d.

Cables and lines serving ground-mounted satellite dish antennas must be located underground.

e.

Compliance with all federal, state, and local regulations is required in the construction, installation, and operation of satellite dish antennas.

f.

All exposed surfaces of the antenna must be kept clean and all supports must be painted to maintain a well-kept appearance.

g.

Antennas no longer in use must be immediately removed.

h.

Every effort must be made to install satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

2.

Small Satellite Dish Antennas

Small satellite dish antennas, which are one meter (3.28 feet) or less in diameter, are subject to the general requirements above.

3.

Large Satellite Dish Antennas

Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements:

a.

Residential Districts

i.

Large satellite dish antennas, which are greater than one meter in diameter, are permitted only in the rear yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

ii.

The overall height of a large satellite dish antenna must not exceed 12 feet.

iii.

A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences, plant materials, and/or earth berms located to conceal the antenna and its support structure. Plants must be, a minimum of five feet tall at the time of installation.

b.

Non-Residential Districts

i.

Large satellite dish antenna are permitted only in the rear or interior side yard, and must be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

ii.

Roof-mounting is permitted only if the satellite dish antenna is screened by an architectural feature. The visible portion of the dish should not comprise more than 25% of the corresponding height or width of the screen.

iii.

A large satellite dish antenna must be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences, plant materials and/or earth berms located to conceal the antenna and its support structure. Plants must be a minimum of five feet tall at the time of installation.

O.

Solar Panels

1.

General Requirements

The installation and construction of solar panels is subject to the following development and design standards:

a.

A solar panel may be building-mounted or freestanding.

b.

Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

2.

Building-Mounted Systems

a.

A building mounted solar panel system may be mounted on the roof or wall of a principal building or accessory structure.

b.

On pitched roof buildings, the maximum height a solar panel may rise is 18 inches. Pitched roof-mounted solar panels should be placed in a location least visible from the public street; however, this does not prohibit the installation of solar panels on a roof that may be visible when that exposure, particularly a southern exposure, is the most viable location.

c.

On flat roofed buildings, the solar panel is limited to a maximum height of six feet above the surface of the roof.

d.

Solar panels may project up to two feet from a building façade and must be integrated into the structure as an architectural feature.

3.

Freestanding Systems

Freestanding systems in residential districts are permitted in the rear yard. The maximum height is six feet.

Freestanding systems in non-residential districts are permitted in any yard. The maximum height of a freestanding system is as follows:

a.

Front yard: Three feet

b.

Corner side yard: Five feet

c.

Interior side yard: Six feet

d.

Rear yard: Six feet

4.

Co-Location

Solar panels may be co-located on structures such as light poles.

P.

Swimming Pools

Private residential swimming pools are permitted accessory uses in the R-1, R-2, and R-2-35 zoning districts. See Chapter 18 for rules.

Q.

Wind Turbines

Wind turbines require special use approval and are subject to the following requirements.

1.

Wind turbines may be designed as either vertical or horizontal axis turbines with or without exposed blades, including designs that combine elements of the different types of turbines.

2.

Wind turbines are subject to the following height restrictions:

a.

The maximum height of any freestanding wind turbine is the maximum height allowed in the district. A taller height may be allowed through special use approval.

b.

The maximum height of any wind turbine mounted upon a structure is 15 feet above the existing height of such structure.

c.

Maximum height is the total height of the turbine system, including the tower and the maximum vertical height of the turbine blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any freestanding wind energy system is measured from grade to the length of a prop at maximum vertical rotation.

d.

No portion of exposed turbine blades (vertical access wind turbine) may be within 20 feet of the ground. Unexposed turbine blades (horizontal access wind turbine) may be within ten feet of the ground.

3.

Freestanding wind turbines are permitted only in the rear yard. No part of the wind system structure, including guy wire anchors, may be located closer than ten feet to any lot line.

4.

All wind turbines must be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind turbine.

(Ord. No. 2018-29, § 2(Exh. 1), 6-26-18)

An encroachment is the extension or placement of any structure, or component of such, into a required setback. Additional restrictions on permitted encroachments, including additional placement restrictions and dimensional regulations, may be found in Section 9.3. Permitted encroachments are found in Table 9-1: Permitted Encroachments into Required Setbacks. Where specific setback standards for accessory structures are not specified by this table, Section 9.3, or this Ordinance, the general accessory structure requirements of Section 9.3.A apply.

(Ord. No. 2017-58, § 2(Exh. 1), 11-28-17; Ord. No. 2018-29, § 2(Exh. 1), 6-26-18)

All uses must comply with the performance standards established in this section unless any federal, state, or local law, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive standard controls.

A.

Noise

No activity or use shall be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by federal, state, and local regulations, as amended from time to time. These limits do not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads and aircraft.

B.

Glare and Heat

Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines.

C.

Vibration

No earth borne vibration from the operation of any use may be detectable at any point off the lot on which the use is located.

D.

Dust, Smoke and Air Pollution

Dust, smoke and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscape, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.

E.

Discharge and Disposal of Radioactive and Hazardous Waste

The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with applicable federal, state, and local laws, and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material may commence without prior notice to the Village. Radioactive and hazardous material waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws.

F.

Electromagnetic Interference

Electromagnetic interference from any operation of any use must not adversely affect the operation of any equipment located off the lot on which such interference originates.

G.

Odors and Smoke

Any condition or operation which results in the creation of smoke and/or odors of such intensity and character as to be detrimental to the public health, safety, and welfare, or which interferes unreasonably with the comfort of the public, must be removed, stopped, or modified so as to remove the smoke and/or odor.

H.

Fire and Explosion Hazards

Materials that present potential fire and explosion hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations.