(a)   No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, a higher percentage of lot coverage or smaller open space about it than is permissible under the limitations set forth in this Zoning Code for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers, scenery lofts and necessary mechanical appurtenances shall be permitted to exceed the maximum height provision when erected in accordance with all other ordinances of the Village.

   (b)   No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard or court or other open space or lot area requirements of this Zoning Code shall thereafter by reason of a change in ownership or for any other reason be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.

   (c)   No usable open space or off-street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements set forth for such usable open space, parking space or loading space, nor be further reduced if already less than such minimum requirements.

   (a)   When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which it is located and each of which is contiguous and held in one ownership, they shall be used as one zoning lot for such use.

   (b)   Except as provided for in subsection (a) hereof, a single platted lot of record or a single parcel of land that was of record as of July 10, 1952, or was annexed to the Village on or after July 10, 1952, and that does not meet the requirements for minimum lot width and/or minimum lot area, may be utilized for a permitted use, if such lot or parcel of land is either:

      (1)   A single platted lot of record that was so platted prior to July 10, 1952, or prior to its annexation to the Village if said annexation took place after July 10, 1952; or

      (2)   A tax divided parcel of land that came into existence prior to July 10, 1952, or prior to its annexation to the Village if said annexation took place after July 10, 1952, and its current dimensions (exclusive of takings for roadway purposes) and current permanent tax index number (unless changed as a result of a roadway taking) have remained unchanged since July 10, 1952 or the date of annexation if said annexation took place after July 10, 1952.

(Adopting Ordinance; Ord. 2006-12. Passed 3-13-06.)

   (c)   When any portion of an adjacent lot is used to qualify for a permitted use under the requirements of the use district in which such lot is located, or when two or more lots are used for such purpose, the person requesting the use shall submit a plat of consolidation showing the total area used as one zoning lot.

(Ord. 1989-5. Passed 3-27-89; Ord. 2003-41. Passed 11-24-03.)

   All buildings shall be constructed on a lot that has access to a publicly dedicated street in conformance with Section 1246.05(d) of this Code.

(Ord. 2003-31. Passed 9-8-03; Ord. 2010-19. Passed 6-14-10.)

   Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code and upon which building actual construction has been diligently carried on, provided that such building is completed within one year from the date of passage and publication of this Zoning Code.

   Every habitable building hereafter erected shall be located on a zoning lot and in no case shall there be more than one such building on one zoning lot, except that in a two-story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his or her family) of the family occupying the main structure. There may also be constructed a guest house (without a kitchen) or rooms for guests within an accessory building, provided that such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.

   All accessory buildings, structures, and uses shall be subject to the requirements of this Section.

      (1)   No accessory building shall be constructed prior to construction of the principal building to which it is accessory.

      (2)   Except as allowed pursuant to subsection (d) below in regard to home occupations, no accessory building on a residential zoned lot shall be used for commercial purposes.

      (3)   No zoning lot shall have more than two (2) accessory buildings on it, plus one (1) additional accessory building for each full acre over three (3) acres.

      (4)   The maximum height of any detached accessory building shall not exceed twenty-five (25) feet, unless otherwise permitted or limited by this Code.

      (5)   In a residential district, no accessory building shall be located within ten (10) feet of any principal building.

      (6)   The side and rear setbacks for an accessory building shall be one (1) foot for each forty (40) square feet of floor area within the accessory building, but in no case shall any point of an accessory building be less than fifteen (15) feet from any lot line.

      (7)   No accessory building shall be constructed beyond the front building line of the principal building.

      (8)   On corner lots, accessory buildings are only allowed to be constructed in the rear and side yards and not in the front and corner side yards provided it meets the required setbacks provided herein.

      (9)   On through lots, accessory buildings are allowed to be constructed in the rear and side yards provided it meets the required setbacks. The rear yard setbacks shall be the average front yard setback for the adjacent properties.

      (10)   The combined footprint areas of all accessory buildings on a zoning lot shall not exceed the lesser of two and one-half percent (2½%) of the lot area or the footprint area of the primary building (or two-thirds (2/3) of that footprint area in the case of a one-story primary building).

      (1)   No accessory structure shall be constructed prior to construction of the principal building to which it is accessory.

      (2)   No accessory structure on a residential zoned lot shall be used for commercial or advertising purposes.

      (3)   The maximum height of an accessory structure located in the front or side yard shall not exceed nine (9) feet, unless otherwise permitted or limited by this Code.

      (4)   The maximum height of an accessory structure located in the rear yard shall not exceed nine (9) feet, unless otherwise permitted or limited by this Code. Notwithstanding the foregoing, an additional one (1) foot of accessory structure height may be added for each additional five (5) feet of setback provided, beyond the minimum setback required, to a maximum accessory structure height of fifteen (15) feet, unless otherwise permitted or limited by this Code.

      (5)   All accessory structures shall be located a minimum of fifteen (15) feet from any lot line.

      (6)   Only one (1) decorative fountain and one (1) sculpture shall be allowed in the front yard.

      (7)   No zoning lot shall contain more than one sculpture for each 10,000 square feet of lot size.

      (8)   On through lots, accessory structures are allowed to be constructed in the rear and side yards, subject to meeting the required setbacks, with the rear yard setback for the accessory structure being the average of the front yard setbacks for the adjacent properties.

      (9)   No accessory structure shall be allowed in any public utility or drainage easement.

      (10)   No zoning lot shall contain more than a total of two (2) accessory structures of the following types, but not more than one (1) of each type: tennis courts, swimming pools or decorative fountains. Notwithstanding the foregoing, one (1) additional accessory structure, of the aforementioned three (3) types, beyond a total of two (2), shall be permitted on a zoning lot for each full acre in area that said zoning lot exceeds two (2) acres in area, unless otherwise permitted or limited by this Code.

      (11)   The width of a decorative fountain or sculpture shall fit within a diameter equal to its height.

      (12)   A reflecting pond around a decorative fountain or sculpture shall fit within a diameter two-times the decorative fountain's or sculpture's height. The maximum height of the curbing around the reflecting pond of a decorative fountain or sculpture shall not exceed one (1) foot above grade.

      (13)   All decorative fountains and sculptures shall be securely anchored to a concrete base which is poured to a depth of at least forty-two (42) inches.

      (1)   When a garage vehicle door of either a detached or attached garage partially faces or is completely oriented to an interior lot line (or the extension thereof) of a neighboring property, then a minimum side yard setback shall be thirty (30) feet, and may be required to be more than thirty (30) feet if needed for proper grading, drainage, and retaining walls, as determined by the Village approval of the grading plan according to Chapters 1268, 1286, and 1466 of the Village Code.

      (2)   Detached garages shall not be located within any easement.

      (1)   The use shall be conducted entirely within a dwelling or permitted accessory building and carried on by the residents living within the dwelling, and no others.

      (2)   The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and shall not change the character of the use of the premises as a residential dwelling.

      (3)   There shall be no signs, displays or activities that will indicate from the exterior of the primary building that the dwelling and/or any accessory building is being used for any purpose other than residential.

      (4)   There shall be no exterior storage on the premises of business equipment, materials, supplies, raw or finished products, or vehicles used as part of the home occupation.

      (5)   There shall be no storage or use of toxins, explosives or other dangerous or hazardous materials upon the premises.

      (6)   There shall be no offensive noise, which is defined as any noise audible outside of the dwelling at the property line.

      (7)   There shall be no vibration, smoke, dust, odor, heat or glare generated by the home occupation.

      (8)   The home occupation use must be in conformance with all existing covenants and agreements filed with the Cook County Recorder relative to the property.

      (9)   No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential area, and deliveries shall be limited to those made by ordinary delivery vans with semitrailer truck deliveries being specifically prohibited.

      (1)   Each lot shall have only one (1) chicken coop;

      (2)   The minimum size of any chicken coops shall be four (4) square feet per chicken;

      (3)   The maximum size of any chicken coop shall not be larger than one hundred (100) square feet in area;

      (4)   Chicken coops shall be a maximum of seven (7) feet in height;

      (5)   Chicken coops shall be a minimum of fifteen (15) feet away from the principal building on the lot; and

      (6)   Chicken coops shall not be attached to the principal building on the lot.

      (7)   Chicken coops shall be maintained in such a manner so as to protect the fowl from predators and trespassers.

      (1)   Each lot shall have only one (1) dog run;

      (2)   Dog runs shall be located in the rear yard, and setback a minimum of fifteen (15) feet from the side and rear lot lines; and

      (3)   The maximum size of a dog run shall not be larger than seventy-five (75) square feet.

(Ord. 1988-21. Passed 5-9-88; Ord. 2000-17. Passed 5-22-00; Ord. 2002-7. Passed 5- 28-02; Ord. 2010-21. Passed 6-14-10; Ord. 2014-22. Passed 9-22-14; Ord. 2015-12. Passed 3-9-15; Ord. 2016-15. Passed 3-28-16.)

   An area indicated on the Zoning Map as a public park, recreation area, public school site, cemetery or other similar open space shall not be used for any other purpose than that designated. When the use of the area is discontinued, it shall automatically be placed in the R-1-A One-Family Dwelling District until appropriate zoning is authorized by Council.

   Submerged land heretofore reclaimed or which may be reclaimed hereafter, and land heretofore annexed or which may be annexed to the Village hereafter and which is not shown on the Zoning Map made a part of this Zoning Code, shall be classified in the R-1-A One-Family Dwelling District until such time as Council designates the permitted use of the land in accordance with this Zoning Code.

   All streets, alleys, other public ways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same use district as the property immediately abutting upon such streets, alleys, other public ways and railroad rights of way. Where the centerline of a street, alley, other public way or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

   (a)   Radio towers, television towers and earth station receiving dishes shall not be constructed or located in the following locations:

      (1)   The front yard of a lot; that is, beyond the front of an existing habitable building or, in the absence of a habitable building, beyond the front building line of a lot;

      (2)   The rear or side yard set-back areas; that is, beyond the rear or side yard set-back lines or areas, such areas being adjacent to adjoining property;

(Ord. 1983-6. Passed 5-23-83.)

      (3)   Closer than fifteen feet to any lot line, even if the side or rear year requirements would be less than fifteen feet; or

      (4)   Higher than the roof of the highest building on the lot where the tower or dish is located. (Ord. 1985-5. Passed 6-24-85.)

   (b)   Subsection (a) hereof does not apply to radio towers, television towers or earth receiving dishes used for the reception or transmission of communications signals by a radio station described in Section 153(g) of Title 47 of the United States Code and operated under a license issued by the Federal Communications Commission pursuant to Part 97 of such Title 47.

   (c)   Bushes, trees or other shrubbery shall be planted on the side facing adjacent dwellings to screen and buffer the earth station receiving dish from the neighbor’s view.

(Ord. 1985-5. Passed 6-24-85.)

   (d)   No person shall install any radio tower, television tower or earth station receiving dish without first obtaining a permit therefor and paying a permit fee of fifty dollars ($50.00) upon submission of the permit application.

(Ord. 1985-13. Passed 10-28-85.)

   Municipal facilities and buildings shall be considered as permitted uses in all zoning classifications in the Village.

(Ord. 1986-32. Passed 9-8-86.)

   Except as provided otherwise in Part Twelve, Title Six of this Code, the construction of a new single family residence, on a previously undeveloped parcel of property, shall only be allowed if said parcel of property is a platted lot created by a plat of subdivision or plat of consolidation.

(Ord. 2005-27. Passed 7-11-05.)