When a use or accessory use is not specifically listed in the sections devoted to "Uses Permitted," it shall be assumed that such uses are expressly prohibited unless by a written order of the Village Board of Trustees it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a use permitted in a zoning district. However, no such variation may be made by the Village Board of Trustees without first having a public hearing before the Board of Appeals in the manner prescribed in Section 40-5-3 of this Code.

All buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located.

The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other buildings.

No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable regulations of the zoning district in which the property is located.

No accessory building shall be used for residential purposes except as otherwise provided in this Code.

No private garage shall exceed fourteen (14) feet in total height.

All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group unless otherwise specifically provided for herein.

No yards now or hereafter provided for a building existing on the effective date of this Code shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this Code for equivalent new construction.

No part of an area, frontage, or yard required for any lot, building, or use for the purpose of complying with the provisions of this Code shall be included as an area, frontage or yard for another lot, building or use. Except as otherwise specifically provided in this Code, only one (1) principal building shall be permitted on a lot.

For any through lot, both frontages shall comply with the front yard requirements of the district in which it is located.

Any lot in any district shall have minimum frontage abutting a public street the width of which shall be the greater of:

(A)

Thirty (30) feet;

(B)

The width of the building located on the lot; or

(C)

The lot width required by the Zoning District in which the lot is located as shown in Section 40-2-4.

(A)

Any lot shall be properly graded for drainage and maintained in good condition, free from trash and debris.

(B)

Noise emanating from any use shall not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises, due to intermittence, beat frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

(C)

No obnoxious, toxic, corrosive or radioactive matter, smoke, fumes or gases shall be discharged across the boundaries of any lot in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or to cause injury or damage to property or business.

No temporary structure (including travel trailers or mobile homes) shall be used or occupied for any residential, commercial or industrial use except as specifically permitted or required by this Code. However, the Board of Zoning Appeals may, upon application therefor, permit the use of such temporary structure for such reasonable time and for such use as the Board deems to be compatible with the character of the area in which the structure is located, and in compliance with reasonable consideration of the general health, safety and welfare.

When two (2) or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous, and are held in one (1) ownership, they shall be used as one (1) zoning lot for such use.

Subject to the requirements that there be a minimum distance of six (6) feet between any point on a principal building and any point on any principal building on an adjacent lot, the following exceptions shall apply:

(A)

Cornices, chimneys, planters, or other similar architectural features may extend two (2) feet into a required yard.

(B)

Open, unenclosed, uncovered porches at ground level may extend into a required yard not more than six (6) feet.

(C)

Fire escapes may extend into a required yard not more than four (4) feet.

(D)

Patios extending into required rear yards may be covered by a roof but shall not be enclosed by walls.

(E)

Canopies, eaves, balconies, roof overhangs or other similar features not included in the foregoing parts of this Section, may extend into a required yard not more than four (4) feet.

(F)

Average Front Yard Exception. Except as otherwise provided in this Section regarding yards adjoining arterial or collector streets, in all SR and MR Districts, where lots comprising fifty percent (50%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, the average front yard of such buildings shall be the minimum required, provided such an average requirement is not less than twenty (20) feet or more than thirty-five (35) feet.

Public utility transmission and distribution facilities may be exempt from minimum rear yard requirements, except as provided for each Zoning District (subject to Section 40-3-18).