The regulations and standards set by this Title within each district shall be minimum regulations and standards and shall apply uniformly to each class, or kind, or type of structure, use, or land except as provided in this Chapter.

No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be constructed, erected, altered, remodeled, extended or moved unless in conformity with all the regulations and standards specified in this Title for the district in which it shall be located.

No structure shall hereafter be constructed, erected, altered, remodeled, extended, or moved:

A.

To exceed the height;

B.

To occupy or house a greater number of families;

C.

To occupy a greater percentage of the lot area;

D.

To exceed the floor area ratio;

E.

To have smaller or less habitable floor area per dwelling unit or lodging unit;

F.

To exceed the maximum floor area than hereinafter required or in any manner contrary to the regulations and standards of the district in which it is located.

No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended, or moved prior to the establishment or construction of the main or principal structure except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure.

No structure shall be constructed or erected on a lot or tract of land or moved to a lot or tract of land which does not abut a public street at least fifty (50) feet in width unless the street on the date of passage of the ordinance codified in this Title had a lesser width.

Nothing in this Title shall be deemed to require any change in the plans, construction, or designated use of any structure existing or upon which construction was lawfully begun prior to the effective date of the ordinance codified in this Title, provided that such structure shall be completed within one (1) calendar year from the effective date of the ordinance codified in this Title.

The performance standards, regulations and standards, rules, requirements, provisions, and restrictions set by this Title shall apply to all structures, uses, lots and tracts of land created or established after the effective date of the ordinance codified in this Title and shall not be deemed to require any change in the structures, uses, lots, or tracts of land, lawfully existing on the effective date of the ordinance codified in this Title except as expressly specified hereinafter.

No part of a yard, buffer strip, or other open space, off-street parking space or loading berth, or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this Title shall be included as part of a yard, buffer strip, or other open space, off-street parking space or loading berth, or lot area similarly required for any other structure, or use, except as provided for in this Title.

No yard, buffer strip, or other open space, off-street parking space or loading berth, or lot existing on the effective date of the ordinance codified in this Title shall be reduced in dimension or area below the requirements set forth hereinafter. Yards, buffer strips, or other open spaces, off-street parking spaces or loading berths, or lots created or established after the effective date of the ordinance codified in this Title shall meet at least the minimum requirements established by this Title.

The height of any main or principal structure or accessory building may exceed the maximum permitted height by one (1) foot for each additional foot by which the width of each yard exceeds the minimum yard dimension for the district in which such structure is located.

Height regulations and standards shall not apply to spires, belfries, penthouses, or domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and towers, silos, grain elevators and other necessary mechanical appurtenances provided their location shall conform where applicable to the regulations and standards of the Federal Communications Commission, the Civil Aeronautics Administration, and other public authorities having jurisdiction.

Lots hereafter platted or created shall have adequate lot area, width and lot depth to provide for off-street parking spaces and loading berths, yards, buffer strips, and other spaces required.

No lot hereafter platted or created shall be less than one hundred (100) feet in depth.

The following yard regulations and standards shall apply to all lots or tracts of land on which a structure is located:

A.

Yards shall be kept unobstructed for their entire depth except as specified hereinafter.

B.

Private driveways, service drives, easements, sidewalks, flagpoles, arbors, trellises, fences, walls, columns, light poles, hydrants, patios, accessory signs, and other decorative, recreational, and utility devices and equipment may be placed in any yard.

C.

Visibility. Notwithstanding any other provisions of this Title, the following visibility regulations and standards shall apply:

1.

Interior Lot. Fences, walls, or hedges may be placed in any yard or along the edge of any yard provided that no fence, wall, or hedge, except in the case of a junkyard, along the sides or front edge of the front yard of an interior lot shall exceed the height here permitted:

a.

Four (4) feet where the front yard depth is the minimum hereinafter established;

b.

For each additional ten (10) feet of front yard depth above the minimum hereinafter established, the height of such fence, wall, or hedge may be increased six (6) inches;

c.

Where no minimum front yard depth is required, four (4) feet.

2.

Corner Lot. On a corner lot nothing shall be constructed, erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2½) feet above the centerline grades of the intersecting streets in an area bounded by the street right-of-way lines fifty (50) feet from the nearest point of intersection. Beyond such fifty-foot limits, subsection c.1 of this Section shall apply.

Except as permitted under the provisions of Section 17.36.030, no occupied trailer coach shall be permitted on any lot or tract of land outside of a trailer coach park except the trailer coach of a bona fide guest of the occupant of a dwelling located on such lot or tract of land. Such temporary location of a trailer coach shall not exceed thirty (30) consecutive days and two (2) such thirty-day periods within one (1) calendar year.

No structure, as defined in Chapter 17.04.040 of this Title 17, nor any part thereof, shall be moved to or within the Village, provided, however that this prohibition does not apply to the delivery of prefabricated homes or parts thereof which have not previously been fully assembled at a fixed location on the surface of the ground.

A.

A carport must be permanently affixed to the ground as an accessory structure, which shall include a foundational in-ground support made of concrete or similar material for all support members of the carport. Tie-downs shall not be permitted as the primary foundational support system for a carport. Freestanding carports are not otherwise permitted in any zoning district in the Village, except on a temporary basis of no more than seventy-two (72) hours.

B.

The roof of a permitted carport must be made of permanent and durable roofing material typically found on a primary structure or an accessory structure consisting of a metal or wood (or "wood-similar") construction. The roof of a carport shall not be made of canvas or other tarp-like material or any other non-durable material.

C.

A carport shall only be constructed over a durable surface that comprises the driveway or driveway extension, and must otherwise by in compliance with all setback requirements for an accessory structure imposed under this Zoning Ordinance for the applicable zoning district.

D.

Any carports that do not meet the requirements of this Section at the time of the adoption of the ordinance establishing the requirements in this Section must be brought into compliance by no later than nine (9) months after the effective date of the ordinance establishing this Section. No non-compliant carports shall be permitted nine (9) months after the effective date of the ordinance from which this Section is derived, and no noncompliant new carports shall be constructed or installed after the effective date of the ordinance from which this Section is derived.

(Ord. No. 2024-10-02, § 1, 10-7-24)

No person shall construct or erect a fence within the Village without first having received a permit from the Zoning Officer. Applications for a fence permit shall be submitted with the appropriate fee to the Zoning Officer. No fence or fences may be constructed or erected which does not comply with the following:

A.

Front Yard Fences on Interior and Corner Lots. Ornamental fences at least fifty (50) percent open and not exceeding four (4) feet in height are permitted in front yards. Privacy fences are not permitted in front yards.

B.

Side Yard and Rear Yard Fences on Interior Lots. Ornamental and privacy fences not exceeding six (6) feet in height are permitted in the required side and rear yards of interior lots.

C.

Side Yard Fences on and Fences at the Rear of Corner Lots. Ornamental and privacy fences are permitted on corner lots provided they meet the following criteria:

1.

When the fence is adjacent to an intersection, the triangle bounded on two (2) sides by the intersecting property lines, measured ten (10) feet in each direction from their point of intersection and on the third side by the diagonal line connecting the ends of the ten-foot sides must be maintained for visibility purposes.

2.

When the fence is next to an alley, it must be erected within the property boundaries.

3.

Privacy fences may not be constructed or erected beyond the front line of the principal structure.

D.

Fences to Contain No Dangerous Materials. No fence may be constructed with or contain barbed wire, metal spikes (not to include wrought iron), or any other sharp pointed materials. Chain link fences shall be constructed with the barb portion of the fence at the bottom of the fence. No fence may be electrified.

E.

Each time a temporary fence is constructed within the Village, the property owner or person must receive a permit from the Zoning Officer. Applications for a temporary fence permit shall be submitted with the appropriate fee to the Zoning Officer.

F.

Miscellaneous.

1.

The unfinished or rough side of all fences, as well as all posts, must face the interior side of the lot.

2.

Maintenance of fences are the responsibility of the property owner.

3.

Fences must be constructed of standard commercial materials intended for fences.

4.

Fences located in residential districts shall have a setback requirement of no less than one (1) foot from the property line.

G.

Any fence variance or alteration must be approved by the Zoning Board pursuant to the variance application and approval provisions in Section 17.44.050. In addition to the requirement to publish notice of hearing on the proposed variance or alteration in compliance with Section 17.48.040, notice shall be provided by regular U.S. mail or other similar means no less than one (1) week prior to the hearing to all property owners who own property adjacent to the location of the proposed fence on the requesting party's property.

(Ord. 2020-07-02, 7-6-20; Ord. 2021-05-01, 5-3-21; Ord. No. 2024-10-02, § 2, 10-7-24)

Editor's note— Ord. No. 2024-10-02, § 2, adopted Oct. 7, 2024, renumbered the former § 17.52.010 as § 17.16.180 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.