Fences, walls or hedges used for any purpose shall in all districts conform to the following:

(A)

For the purpose of minimizing traffic hazards as street intersections by improving visibility for converging vehicles, obstructions higher than two (2) feet above the adjacent top of the curb elevation shall be permitted to be planted, placed or erected on any corner lot within the triangular portion of land designated as "restricted area" in Figure 1.

(B)

No barbed wire or other such sharp pointed fence and no electrically charged fence shall be erected or maintained except in agricultural, commercial or industrial districts or when deemed necessary for public safety.

(C)

No permanent fence or retaining wall shall be constructed or erected within any public street or alley right-of-way unless authorized by the Village Board of Trustees. Fences erected on public easement or across ditches shall be constructed that drainage shall not be obstructed and, in event of necessity for removal of such fence for maintenance or other purpose, removal and/or replacement of such fence or other improvement shall be the responsibility of the property owner.

(D)

Fences, walls and hedges in any district may be located on lot lines, provided such fences, walls and hedges exceeding six (6) feet in height shall be subject to the minimum yard requirements of the district in which such fences are located.

(E)

Fence lines shall be maintained free of weeds, debris and trees.

In any district where home occupations are permitted, the establishment and continuance of a home occupation shall be subject to the following requirements:

(A)

Such use shall be conducted entirely within a dwelling and carried on by the inhabitants there and not more than one (1) unrelated employee.

(B)

Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the residential character thereof.

(C)

The total area used for such purposes shall not exceed the equivalent of one-half (½) of the floor area, in square feet, of the first floor of the user's dwelling unit, if any; otherwise, the main floor of such dwelling unit.

(D)

There shall be no advertising, display or other indications of home occupation on the premises, except the customary sign or name plate for identification purposes only.

(E)

There 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.

(F)

There shall be no exterior storage on the premises of material used in the home occupation, nor of any highly explosive or combustible material.

(G)

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(H)

A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than one (1) parking space for each three hundred (300) square feet of floor area devoted to the home occupation. Such parking shall be provided on the same lot as the home occupation.

(I)

For the purpose of this Section, provided all requirements contained herein are met, the following shall be considered home occupations:

(1)

Professional office except as otherwise provided.

(2)

Art studio.

(3)

Dressmaking or millinery.

(4)

Teaching, with musical instruction limited to two (2) pupils at a time.

(J)

A home occupation shall not include the following: beauty shop, clinic, hospital, mortuary, funeral home, nursing home, tearoom, tourist home, antique shop, animal hospital, restaurant, veterinarian's office, or other use similar to any of the foregoing excluded uses.

Any light used for the illumination of signs, parking areas, swimming pools, or for any other purpose shall be arranged in such a manner as to direct the light away from neighboring residential properties and away from the vision of passing motorist except lighting deemed necessary for the public safety and welfare.

(A)

Location of Parking Lots. Parking areas whether open or enclosed shall be provided upon the same lot containing the use for which they are required, or on separate lots as follows:

(1)

Within a two hundred (200) foot radius of all residential and B — Business Districts.

(2)

Within a five hundred (500) foot radius in A — Agricultural and I — Industrial Districts.

(3)

Such separate lots shall be classified as "parking lots" or "parking garages" in determining whether they are permitted in a particular district.

(4)

Such separate lots and the lot containing the use for which they are required shall be held under unified ownership or controlled as required for a lot.

(B)

Space Requirements. Each off-street parking space shall not be less than ten (10) feet wide, twenty (20) feet long.

(C)

Access Ways.

(1)

Unobstructed and direct access ways shall be provided from off-street parking to a street or alley, which access ways shall have a minimum width of at least eight (8) feet to a private garage, and ten (10) feet to a parking lot. The alignments of access ways shall intersect the abutting street lines approximately at right angles (variations not to exceed twenty (20) degrees).

(2)

All parking aisles and parking spaces shall be entirely within the lot lines, and not on a public right-of-way. Parking spaces shall be so arranged that no part of any vehicle overhangs the public right-of-way.

(3)

All parking areas in the MR, B and I Districts shall be properly drained and paved with an all-weather surface.

(4)

Required open or enclosed parking areas in any A, SR, and MR Districts shall not be located in any required front yard or required side yard adjacent to a street. Where off-street parking is provided between any building and a street, in order to accommodate pedestrian and vehicular traffic, the building shall be set back at least fifty (50) feet from the lot line.

(5)

No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this Code shall be included as a part of an off-street parking space similarly required for another building or use.

No public or private swimming pool in any district shall be located in any required front yard; however, if not more than six (6) feet in height, such use may be located in any required side or rear yard, but not closer than ten (10) feet to a side lot line adjacent to a street, and subject to the provisions of Section 40-3-1.

(Ord. No. 1035, 08-28-07; Ord. No. 1039, 12-11-07)

In any district where churches are permitted, the following additional requirement shall be met:

(A)

For each seventy-five (75) seats (where benches are provided, each twenty-four (24) inches of said bench shall constitute a seat) or fraction thereof (not including Sunday School accommodations), the site shall contain at least one-half (½) acre of land.

(B)

Each principal building shall be located at least twenty-five (25) feet from all property lines.

In repair garages, all repair work, servicing, storage of parts and equipment and the dismantling of vehicles shall be done completely within an enclosed building or shall be enclosed by a solid fence at least six (6) feet in height.

In districts where gasoline service stations are permitted, the establishment of such uses shall be subject to the following requirements:

(A)

All gasoline pumps, lubrication or similar devices and other service facilities shall be located at least twenty (20) feet from any street right-of-way line.

(B)

All fuel and oil storage, pumps or other such fuel or lubricant dispensing devices shall be located at least twenty (20) feet from any side or rear lot line.

(C)

No access drive shall be within two hundred (200) feet of a fire station, school, public library, church, park, playground, or other public assembly place.

(D)

No access drive shall be within twenty (20) feet of any corner formed by an intersection of the rights-of-way of two (2) streets. On a corner where a traffic signal or stop sign exists, such entrance or exit shall be located at such distance and such manner so as not to cause or increase traffic hazard or undue congestion.

(E)

A permanent curb of at least four (4) inches in height shall be provided between the public sidewalk and the gasoline pump island, parallel to and extending the complete length of the pump island.

(F)

All devices for dispensing or selling of milk, ice, cold drinks, and the like shall be located within, or immediately adjacent to, the principal building.

In any district where mobile home parks are permitted, the establishment of such accommodations shall be subject to the following requirements:

(A)

Minimum Lot Size and Minimum Yard Dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the mobile home park is situated:

(1)

A mobile home park shall be located on a tract of land not less than five (5) acres in area, with a minimum width and depth dimensions of two hundred (200) feet.

(2)

Any building, structure, or mobile home shall be located at least twenty-five (25) feet from any front or rear lot line or any side lot line adjacent to a street and at least ten (10) feet from any other lot line.

(B)

No building or structure within the mobile home park will exceed the height of thirty-five (35) feet.

(C)

Off-Street Parking and Access Ways.

(1)

There shall be provided, within the boundaries of the mobile home park site, not less than two (2) off-street parking spaces for each mobile home space.

(2)

The mobile home park site shall have direct access to a public street or highway by an access way of at least forty (40) feet in width.

(3)

Each mobile home space shall abut on a driveway or access way, at least twenty-four (24) feet wide, with unobstructed access to a public street. Each mobile home space shall be located within one hundred (100) feet of such driveway or access way. Appropriate turn around space shall be provided at the terminus of any dead-end access ways in the mobile home park sufficient to accommodate emergency vehicles.

(D)

Individual Mobile Home Spaces. The minimum individual area, width and depth requirements for mobile home spaces shall be as follows:

Spaces shall be arranged and mobile homes parked in such manner that there is an open space of at least fifteen (15) feet by thirty (30) feet at the rear of and as part of each mobile home space, except that: where a common recreation area is provided that contains at least one hundred (100) square feet for each mobile home space, with a minimum total area of five thousand (5,000) square feet and the minimum width and depth dimension of one hundred (100) feet; the individual mobile home space may have the following minimum area, width and depth dimensions:

(E)

Only residential uses and uses accessory thereto shall be permitted in a mobile home park. Dependent mobile homes shall be prohibited to locate in any mobile home park.

(Ord. No. 443, 02-09-88)

(A)

Any mobile home used as an accessory building in the agricultural district (except for temporary use) shall be placed on a permanent foundation and shall comply with all regulations governing the location and use of an accessory building for that district.

(B)

Any mobile home used as living quarters for persons employed in agricultural or related activities that are conducted on the premises shall be located on a permanent foundation and shall be connected to public utilities in accordance with all requirements for any residential structure in the Village or in accordance with Section 40-3-11 except as provided in Section 40-3-12.

(C)

Nothing herein shall be construed or interpreted to permit mobile homes to be classified as a principal use or single-family residence except in (B) above or other than in a mobile home park.

The temporary parking of an individual mobile home is permitted subject to the following regulations:

(A)

An individual mobile home may be parked outside the public right-of-way, as not otherwise prohibited, for a period of seventy-two (72) hours provided that no such mobile home is parked nearer than twenty-five (25) feet to any right-of-way line abutting a public street.

(B)

An individual mobile home may be parked on a zoning lot for a period of two (2) weeks provided that:

(1)

Such individual mobile home is parked in compliance with all setback requirements from any lot line or right-of-way line.

(2)

A permit is secured by the property owner within seventy-two (72) hours from the Zoning Official of the Village, showing the date of issuance, name and address of property owner, address for which the permit is issued and the date of termination.

(3)

All such permits shall be returned to the Zoning Official on or before the date of termination.

(4)

Not more than three (3) permits shall be issued to any property owner during any calendar year except on approval of the Board of Zoning Appeals.

Mobile homes are prohibited from use, storage or residential occupancy on any tract or parcel of land within the Village limits except Mobile Home Parks.

This Section shall not prohibit the use of Mobile Homes or Portable Buildings as Business Offices if there is a Special Use Permit from the Board of Zoning Appeals. Under no circumstances, shall the Board of Zoning Appeals grant a Variance for occupancy of any mobile home other than in a Mobile Home Park.

(Ord. No. 382, 06-10-86)

A mobile home may be parked for inspection and sale on any lawful automobile or trailer sales lot.

It shall be unlawful to maintain a mobile home for human habitation within the Village upon compliance with the following conditions:

(A)

Permission shall be obtained from seventy percent (70%) of the residents and owners of property within the radius of three hundred (300) feet of the proposed location of the mobile home.

(B)

Such mobile home, in construction and location, must be in compliance with all Village Codes relating to the construction, wiring, plumbing, sewer facilities, and other regulations applicable to single family dwellings.

(C)

If such mobile home is affixed permanently to the ground so as to prevent ready removal of any such mobile home, prior to effecting same, a building permit shall be obtained as required for the construction of a new building, and any such alteration shall be construed as converting the mobile home into a building and subject to the requirements of the Building Codes and this Code.

(Ord. No. 316, 10-12-82)

Cross reference— See Chapter 6.

(A)

Definitions. The following definitions shall apply:

(1)

"Recreational Vehicles." As used in this Section, "recreational vehicle" means every bus, camping trailer, motorhome, mini motorhome, travel trailer (not used commercially, but designed to provide temporary living quarters for recreational use), camper, van camper, boat, watercraft, or all-terrain vehicles (commonly known as an ATV), used primarily for recreational purposes and not primarily used commercially.

(2)

"Trailer." Every non-motorized vehicle, attached to and towed by an automobile, truck, or van, designed to carry property or animals and so constructed that most of its weight does not rest upon the towing vehicle.

(3)

"Semi-trailer." Every non-motorized vehicle, attached to and towed by a truck designed to carry persons, property, or animals and so constructed that most of its weight and that of its load does not rest upon the towing vehicle. As used in this Section, this includes any combination of a motorized vehicle and semi-trailer.

(4)

"Oversized vehicle." Every vehicle that has a length greater than twenty-three (23) feet or has a rated capacity in excess of one and one-half (1½) tons. Including, but not limited to, tow truck (wrecker), truck tractor, road tractor, semi-trailer, dump truck, or bus (passenger motor vehicle designed to carry fifteen (15) or more people, including the driver).

(B)

Parking and Storage Restrictions.

(1)

No more than three (3) recreational vehicles or trailers, conforming to the size restrictions set forth in subsection (C) below, may be parked or stored on any lot in a residential zoning classification. Nothing shall be deemed to prohibit the parking or storage of a recreational vehicle or trailer in a building in which the recreational vehicle or trailer is fully enclosed, entirely under roof, and not visible to the public.

(2)

Any recreational vehicle or trailer located on the side yard of a residence must be parked or stored on a surface consisting of asphalt, concrete, or gravel designed to support the full weight of the recreational vehicle or trailer. If parked or stored on gravel on the side yard of the residence, the gravel surface must be maintained free of all grass and weeds at all times. No more than one (1) such recreational vehicle or trailer shall be parked in a side yard and may not extend beyond the front edge of the residence. All such recreational vehicles or trailers parked in the rear yard of the residence need not be parked or stored on concrete, asphalt, or gravel, but shall be parked or stored in a safe manner posing no potential threat of overturning and the yard must be maintained and mowed.

(3)

The recreational vehicle or trailer shall be licensed, operational, and moved from its location at least one (1) time during the year. If the Village administration believes that it is not operational, then the lot owner may be required to demonstrate that the recreational vehicle or trailer is operational. If it is not operational, then it shall be considered a derelict vehicle or trailer and shall be removed from the property.

(4)

The parking of a recreational vehicle or trailer on public right-of-way is prohibited but will be allowed to be parked on the public right-of-way for a maximum of forty-eight (48) hours for sole purpose of cleaning, maintaining, loading, unloading, or other routine maintenance work on said recreational vehicle or trailer. During such time, no living quarters or businesses shall be maintained in such a recreational vehicle or trailer and therefore, the placement of any water hose or electric cord on or across the public right-of-way or public sidewalk for maintaining living quarters or businesses shall constitute a violation of this Section.

(5)

The recreational vehicle or trailer shall not be used to store trash, debris, garbage, bags, or boxes. However, various items such as bags and boxes may be stored in a boat or watercraft if fully concealed under a custom cover which has been made for that type of boat or watercraft.

(6)

No oversized vehicle or semi-trailer, or combination of trailer and motorized vehicle thereof, with a gross licensed weight in excess of ten thousand (10,000) pounds, shall be parked or permitted to remain upon the streets or roads within an area of a residential zoning classification except for the purpose and time period reasonably necessary to load and unload the same. No oversized vehicle or semi-trailer shall be parked in any residential zoning classification with the motor running for a continuous period in excess of one (1) hour. It is not the intent of this Section to prohibit commercial vehicles as described herein from temporarily parking in a residential area when actually engaged in a business activity such as towing another vehicle, construction purposes, and moving.

(7)

Notwithstanding paragraph (1) of this Section regarding the parking and storage of recreational vehicles within residential zoned districts, it shall be unlawful for any person to park or store, or park with the intent to sleep, a recreational vehicle, trailer, or oversized vehicles on any non-residential zoned lot within the Village for any duration beyond the period of time in which vehicles are permitted to be parked at any location within the Village, or if none, then beyond twenty-four (24) hours. This paragraph shall not prohibit parking of a recreational vehicle, trailer, or oversized vehicles for the purpose of pickup, delivery, or moving, provided that such parking does not occur at the same location more than twice within any 48-hour period. This paragraph shall not prohibit the parking of a recreational vehicle, trailer, or oversized vehicles as otherwise approved by the director of police, upon written request, but in no case for a period longer than seventy-two (72) hours. This paragraph shall not prohibit the parking of recreational vehicles, trailer, or oversized vehicles when such use is a permitted use, legal nonconforming use or the use has been authorized by a special use permit in the district.

(C)

Size Restrictions. In all residential districts, the maximum permitted size of any recreational vehicle or trailer shall not exceed thirteen (13) feet in height or forty (40) feet in length.

(D)

No Preemption, Amendment, or Modification of Subdivision Covenants and Restrictions. Nothing contained herein shall be construed as preempting, amending, modifying or superseding any subdivision or neighborhood restrictive covenants regulating the parking, storing, allowance or disallowance of recreational vehicles, motorhomes, boats, camping trailers, horse trailers or any other trailer of any type. The Village recognizes that many subdivisions and neighborhoods may have covenants, restrictions or regulations that prohibit or more strictly regulate the parking and storage of recreational vehicles or trailers and the Village has no intent or desire to interfere with those restrictions, regulations or prohibitions.

(E)

Penalties. Any person violating a provision of this Section shall be subject to a fine of up to two hundred fifty dollars ($250.00) per day, with each day that a violation occurs as constituting a separate offense. The property owner, and the person in possession of the recreational vehicle or trailer, shall be jointly and severally subject to the fine for each violation.

(Ord. No. 13-1135, 02-12-13; Ord. No. 22-1275, 04-12-22)

In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

(A)

In any residential or agricultural district all municipal or other publicly owned buildings shall be located at least twenty-five (25) feet from all property lines.

(B)

In any residential or agricultural or business district there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least six (6) feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least twenty-five (25) feet from any front or side property line.

Electrical substations, gas regulator stations or telephone exchange facilities in any residential or agricultural district shall be subject to the following regulations:

(A)

No public office or repair facilities shall be maintained in connection with such substations or exchanges.

(B)

The building housing any such facility shall be designed and constructed to conform to the general character of the neighborhood.

(C)

The area on which the facility is located shall be landscaped and maintained in conformance with the general character of the surrounding area.

(D)

Where all facilities and equipment are entirely within a completely enclosed building, a minimum lot may be as follows: lot width shall not be less than the total width of the building plus the total of the minimum required side yards; lot depth shall not be less than the depth of the building plus the minimum required front yard plus the two (2) foot minimum rear yard.

(E)

Where facilities or equipment are located outside the completely enclosed building no such facilities or equipment shall be located closer than fifteen (15) feet to any side or rear lot line.

(F)

If transformers are exposed, there shall be provided an enclosing fence or wall, at least six (6) feet in height, and adequate to shield view and noise of the same from the outside view the handling of materials on the premises. However, shielding may not be required which will restrict air movement necessary for equipment cooling.

In any district where private or parochial schools are permitted, the following additional requirements shall be met:

(A)

For each one hundred (100) students or fraction thereof, the site shall contain one and one-quarter (1.25) acres of land.

(B)

Each principal building shall be located at least twenty-five (25) feet from all property lines.

In any district where drive-in theaters are permitted, the establishment of such theaters shall be subject to the following requirements:

(A)

Projection screens and parking areas shall not be closer than fifty (50) feet from any street right-of-way line and not closer than one hundred (100) feet from any residential district boundary.

(B)

The projection surface of motion picture screens shall not be visible from any major traffic street.

(C)

Loudspeakers shall be limited to the individual type which are designed to be heard by the occupants of one (1) car only.

(D)

Entrances and exits shall connect only to major arterial or collector streets and shall be designed so as not unduly to interfere with or unnecessarily impede traffic flow.

(E)

Entrance waiting space for cars shall be provided to accommodate not less than five percent (5%) of the theater's parking capacity.

In any district where nursing homes are permitted, the following requirements shall be met:

(A)

The minimum site for any nursing home shall be two (2) acres; provided that for a nursing home containing more than forty (40) beds, the minimum site area shall be the greater of: two (2) acres, or the number of acres determined by the following formula:

(B)

All principal buildings shall be located at least twenty-five (25) feet from all lot lines.

(C)

The site shall have a least length and/or width dimensions of two hundred (200) feet.

In any district where nursery schools are permitted, the following additional requirements shall be met:

(A)

For each child, at least fifty (50) square feet of floor space shall be provided in addition to that provided for sleeping purposes.

(B)

For each child, at least one hundred (100) square feet of outdoor, enclosed (fenced) play area shall be provided.

In any district where tree and plant nurseries and greenhouses are permitted, the establishment of such uses shall be subject to the following requirements:

(A)

No fertilizer, compost, manure or other odor or dust producing substance shall be stored within fifty (50) feet of any property line.

(B)

Greenhouse heating plants shall be in an enclosed building and shall not be less than fifty (50) feet from any property line.

(C)

Along any side or rear lot line, there shall be provided and maintained a planting or other appropriate screen of such size and density as to provide visual screening from adjacent residential properties.

In any district where hospitals and sanitariums are permitted, the following additional requirements shall be met:

(A)

The minimum site for any hospital or sanitarium shall be five (5) acres; provided that for a hospital or sanitarium containing more than fifty (50) beds, the minimum site shall be the greater of: five (5) acres, or the number of acres determined by the following formula:

(B)

All principal buildings shall be located at least twenty-five (25) feet from all lot lines.

(C)

The site shall have a least length and/or width dimensions of two hundred (200) feet.

Dumpsters may be permitted or required as an accessory to any use, other than single family residential uses in the SR-1 and SR-2 districts, subject to the following conditions:

(A)

Location. Dumpsters shall be located on a concrete pad in a rear or side yard, provided any such dumpster shall not encroach on required parking area, is clearly accessible to servicing vehicles, and is located at least ten (10) feet from any building.

Dumpsters shall be located as far as practicable from any adjoining residential district or use but shall in no instance be located within ten (10) feet of any residential property line or district.

(B)

Screening. Dumpsters shall be screened from view from adjoining property and public streets and thoroughfares. Dumpsters shall be screened on three (3) sides with a permanent building, or wall, which matches the masonry of the primary structure on the site, shall not be less than six (6) feet in height and be at least one (1) foot above the height of the enclosed dumpster, whichever is taller. The walls of the dumpster enclosure shall not be constructed of poured or pre-cast concrete panels. The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three (3) sides.

(C)

Site Plan Requirements. The location and method of screening of dumpsters shall be shown on all site plans and shall be subject to the approval of the Zoning Administrator.