(A)   Frontage On A Public Or Private Street: All lots shall front on a public or private street.

   (B)   Maintenance Of Required Yards: No lot shall be reduced in area so that the yards become less than required by this zoning ordinance. The yards of a building or structure shall not be considered yard space for any other building or structure.

   (C)   Applicability Of Bulk Requirements: All buildings and structures erected after the effective date hereof shall meet the requirements for the zoning district in which the building or structure is located. No existing building shall be enlarged, altered, reconstructed, or relocated in such a manner that conflicts with the requirements of the zoning district in which the building or structure shall be located.

   (D)   Applicability Of Use Restrictions: No building, structure, or land shall be used for any use other than one allowed as either a permitted or special use in the zoning district in which such building, structure or land is located. Buildings, structures, or land may also be used for an accessory use, in accordance with the requirements of section 10-7-3, "Accessory Structures And Uses", of this chapter.

   (E)   View Obstruction In Residential Districts: Since a corner lot is defined by two (2) street lot lines, the vision clearance area at the intersection of two (2) streets shall be defined as a triangular area measured twenty five feet (25') along the street lot line of the narrower lot width and fifty feet (50') along the street lot line of the longer lot width, which is opposite the side lot line. See figure 5, "View Obstruction", of this section.

The vision clearance area shall not be obstructed by any sign, wall, fence, hedge, shrubbery or other object which exceeds four feet (4') in height. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge or shrubbery shall be reduced so that the vision clearance is not obstructed four feet (4') over the grade of the street.

(Ord. 2550, 12-19-2005)

   (A)   Light poles for single-family and two-family uses shall not exceed eight feet (8') in height. Light poles for nonresidential uses, and multiple-family and townhouse uses shall not exceed twelve feet (12') in height, with the exception that light poles on school sites or that light public outdoor recreational facilities shall not exceed sixty feet (60') in height.

   (B)   All on site lighting shall be equipped with shielding and cutoff devices, such that no light shall shine directly upon adjacent residentially zoned properties or the public right-of-way. To further help with this effect, light bulbs shall be flush with or recessed into its encasement and designed to minimize glare, including directing building or pole-mounted lights to point downward and aiming floodlights to shine only on the intended features (e.g., signage, landscaping, building façade). High pressure sodium fixtures shall be prohibited. Light intensity shall not exceed one-tenth (0.1) foot-candle as measured at any residential property line and one (1) foot-candle as measured at all other property lines. The most current Outdoor Lighting Code Handbook issued by the International Dark Sky Association or, if no longer available, an equivalent source, shall be consulted to help guide the minimization of unnecessary light pollution and improve energy efficiency.

   (C)   All lighting installed as of the effective date hereof shall be allowed to continue as a conforming use provided it is maintained in safe operating condition. (Ord. 2550, 12-19-2005; amd. Ord. 4040, 2-2-2023)

   (A)   Accessory Structures: Accessory structures are subject to the following:

      1.   Permit Required: No accessory structure shall be constructed prior to construction of the principal building to which it is accessory. No accessory structure shall be erected or replaced within the Village without first obtaining a building permit.

      2.   Location: Accessory structures shall be located on the same lot as the principal building to which it serves.

      3.   Use: Except for Coach Houses that have been designated as Riverside Historic Landmarks accessory buildings shall not be occupied as dwellings. The use of an accessory building shall comply with the definition of Accessory Use in Section 10-11-4, herein. An accessory building used for a home occupation shall comply with the standards for home occupations in Section 10-6-2, herein.

      4.   Coach Houses: Coach house accessory buildings that have been designated Riverside Historic Landmarks may be used for residential purposes and may be occupied as accessory dwelling units as set forth in title 11, chapter 1 of the Municipal Code. Cooking facilities and full bathroom facilities are permitted in those accessory buildings that have been designated as landmarks. The one-story limitation contained in these provisions shall not prevent the reconstruction of an existing accessory two-story coach house which has been substantially damaged or destroyed by fire or other casualty, provided that such coach house was originally constructed on the property in question before 1937, was constructed and maintained until so damaged or destroyed in the same design and architectural style as that of the principal residence, and its reconstruction as a two-story building is necessary in order to restore it to the same design and architectural style as that of the principal residence.

      5.   Historical Significance: Any accessory structures designated as Riverside Historic Landmarks in title 11, chapter 1, appendix D of the Municipal Code shall be permitted to encroach into any required yard.

      6.   Accessory Buildings In Residential Districts, such as detached garages, sheds, offices, residential pool houses, gazebos, playhouses, animal houses, garden houses, and private greenhouses, are subject to the following:

         (a)   Accessory buildings shall be limited to one (1) story as story is defined in Section 10-11-4.

         (b)   The maximum height of any accessory building shall be equal to the height of the principal structure or twenty feet (20'), whichever is less, as measured to the peak of the roof, however the maximum height of an accessory building shall not exceed the maximum height of the principal building on the property. The maximum height of the side wall shall not exceed twelve feet (12') in height as measured in accordance with the definition for “side wall height”.

         (c)   In addition to the minimum three-foot (3') setback required in Section 10-7-4 of this Code, accessory buildings that are taller than eighteen feet (18') as measured to the peak of the roof shall be set back from adjacent property lines an additional one foot (1') for every one foot (1') in height over eighteen feet (18'). For the purposes of determining the required setback, the measurement of the peak height of the roof shall be rounded up for heights at 6 inches (6") and above and shall be rounded down for heights less than 6 inches (6") to the nearest whole number, so that eighteen feet and five inches (18'5") shall be considered eighteen feet (18') and eighteen feet and six inches (18'6") shall be considered nineteen feet (19').

         (d)   Accessory buildings shall be prohibited in street yards. Accessory buildings may only be permitted behind the principal building on the property, except that for a corner lot an accessory building may be located on the side of the principal building if no part of the accessory building is closer to the adjacent street than the principal building.

         (e)   Accessory buildings shall be located a minimum of three feet (3') from any adjoining side or rear lot line and as measured to the foundation of the accessory building.

         (f)   The combined maximum ground floor area of all accessory buildings shall be a maximum of twelve percent (12%) of the lot area. The maximum size of an accessory building shall be no more than eight hundred (800) square feet. The combined square footage of all structures, including the principal building, on the lot shall be in conformance with any maximum permitted building coverage and impervious surface requirements for the zoning district, as defined by this zoning ordinance.

         (g)   An accessory building may have full heating, ventilation, and air conditioning (HVAC) facilities. An accessory building may have full electrical facilities, including electrical subpanels. Electric service may be provided to an accessory building from the primary residential structure or from a service role. An accessory building may have plumbing facilities except for showers and bathtubs, with the exception of a Coach House designated as a Riverside Historic Landmark and a Residential Pool House as defined herein. An accessory building may not have cooking facilities, with the exception of a Coach House designated as a Riverside Historic Landmark as defined herein. All such facilities shall comply with applicable building codes.

      7.   Accessory Structures In Business Districts:

         (a)   All accessory structures shall complement and coordinate with the principal building on the lot, both in architectural style and material selection.

         (b)   In the B1 District, accessory structures shall be one (1) story, with a maximum wall height of twelve and one-half feet (12.5'), a maximum building height of sixteen feet (16') and a pitched roof only to be permitted above said wall height.

         (c)   In the B2 District, accessory structures shall be limited to fifteen feet (15') in height.

         (d)   No accessory structure may encroach into the side or rear setback. Exceptions include the following, provided they comply with the permitted encroachment standards established in Table 7: Permitted Encroachments in Section 10-7-4 (such exceptions are allowed in any of the B1 and B2 subdistricts unless noted otherwise):

            (1)   Canopy.

            (2)   Drive-through, which is allowed as a special use for financial institutions in the B1-C, B1-TOD, B2-RC, and B2-MU subdistricts and for restaurants in the B1-C and B1-TOD subdistricts; a drive-through is not permitted for a restaurant in any of the B2 subdistricts.

            (3)   Historically significant accessory structure.

            (4)   Permanent outdoor sales or display, except not allowed in a corner side yard; however, temporary outdoor sales or display are allowed in a corner side yard.

            (5)   Permanent outdoor seating areas, except not allowed in a corner side yard; however, temporary outdoor seating is allowed in a corner side yard.

            (6)   Playground and recreational equipment, except not allowed in a corner side yard.

            (7)   Solar energy systems, except not allowed in a corner side yard unless approved as a special use.

            (8)   Outdoor swimming pool, except not allowed in a corner side yard.

            (9)   Temporary membrane structures/temporary storage tents or canopies, except not allowed in a corner side yard.

            (10)   Temporary storage containers, in accordance with the standards set forth in Section 10-7-3(O).

         (e)   Accessory structures are limited to seventy percent (70%) of the area of the principal building (computed as the square footage of ground space occupied by a building on a lot or parcel) or eight hundred (800) square feet, whichever is larger.

      8.   Residential Garage Design Requirements: Except as otherwise provided in this code. The following design requirements apply to all residential garages. Where a requirement uses the term "shall" that standard must be met.

         (a)   All Residential Garages:

            (1)   For attached garages, utilization of a side loaded or rear loaded garage is encouraged to minimize the impact of the garage doors on the streetscape.

            (2)   Garage doors shall be limited to eighteen feet (18') in width in total, with the following exceptions:

               i.   Garage doors on attached, front-loaded garages shall be limited to nine feet (9') in width. However, if the garage doors on such a garage are located more than forty feet (40') behind the point of the house’s foundation closest to the street lot line, the garage doors may be up to eighteen feet (18') in width.

               ii.   Garage doors on attached, side-loaded garages in which the garage is partly or wholly located between the house and the street lot line shall be limited to nine feet (9') in width.

               iii.   Garage doors on detached, front-loaded garages in which the garage doors are located within forty feet (40') of the point of the house’s foundation closest to the street lot line shall be limited to nine feet (9') in width.

            (3)   The architecture and design of garages built after [DATE OF ADOPTION] shall be consistent with the architecture and design of the principal building. Consistency of design includes use of the same or compatible siding, roofing, roof pitch, trim, and colors. Garages are not required to be made of the same materials as the principal building on the property.

         (b)   Front Loaded Residential Garage Design Requirements:

            (1)   Strategic landscaping, garage door designs and angles, architectural details, entryways and porches, roof designs, and colors are encouraged to deemphasize the visual impact of attached, front-loaded garages in relation to the building as a whole.

            (2)   Front loaded garages shall not occupy more than fifty percent (50%) of the width of the front facade of the principal building, as measured along any building line that faces the street, which excludes any architectural elements, such as bay windows or unenclosed porches, or other encroachments permitted by Table 7 (Permitted Encroachments) in section 10-7-4. The garage width will be measured from the interior demising wall of the garage to the exterior wall of the garage. (See Figure 6C, “Measuring Front Facade and Garage Width” of this section).

            (3)   Attached, front-loaded garages shall be set back at least five feet (5') from the front building line of the front facade of the building. This setback measurement does not include architectural features such as bay windows or unenclosed porches. (See Figure 6A, "Garage Design Required" of this section.) Attached, front-loaded garages that do not meet this standard that are existing as of [DATE OF ADOPTION] are subject to the standards for Nonconforming Buildings and Structures in Section 10-10-4.

   Figure 6

   Garage Design Required

REQUIRED:

Front facade shall protrude a minimum of five feet (5') in front of attached front-loading garage.

         (c)   Side Loaded Residential Garage Design Requirements:

            (1)   Side loaded garages shall not protrude beyond the facade of the building by more than five feet (5').

         (d)   Residential Detached Garage Design Requirements:

            (1)   Detached garages shall be permitted to attach to the principal building by an open breezeway, provided the inclusion of the breezeway maintains conformance to the maximum permitted building coverage, impervious surface and setback requirements.

      9.   Residential Garage Bonus Building Coverage. For purposes of calculating building coverage, up to four hundred (400) square feet of a building shall be excluded from such calculation in a zoning lot in the following situations:

         (a)   Where a new single-family dwelling unit is constructed and a new detached garage is built behind the dwelling unit or an attached, rear- loaded garage is built in lieu of an attached, front-loaded garage. If the a new single-family dwelling unit is located on a corner lot, the new detached garage must be located at least forty feet (40') behind the point of the house’s foundation closest to the street lot line to receive the density bonus.

         (b)   Where an existing single-family dwelling unit is being remodeled and a detached garage behind the dwelling unit or an attached, rear-loaded garage is constructed in lieu of a previously existing attached, front- loaded garage.

         (c)   Where a detached garage behind the principal structure or an attached, rear-loaded garage is added to a single-family residential property where no attached or detached garage previously existed on the property.

   (B)   Accessibility Ramps: If the owner of a residential property or a member of his/her family is a physically handicapped person requiring the use of a wheelchair or a walker apparatus for physical movement, and when there is insufficient area, excluding required interior side or rear yard setbacks, or there is no building entrance located at the side or rear of the residence to provide an adequate means of access for such physically handicapped person, an accessibility ramp at the front entrance located in the front, corner side or street yard shall be permitted provided it complies with the following requirements:

      1.   Such accessibility ramp may extend from the front building line of the residence into the street, front or corner side yard area at a maximum width of four feet (4') and to a maximum overall distance, toward the front, side or street lot line, of fifteen feet (15') for the purpose of providing a means to accommodate said handicapped person in getting into and out of the front door of the subject residence.

      2.   Upon the sale or transfer of the title to the premises in question or upon the termination of the handicap, due to physical recovery, death, or for whatever reason, whichever occurs first, such accessibility ramp shall be removed and the area shall be restored to its original condition.

   (C)   Arbors, Trellises And Pergolas: Arbors, trellises and pergolas detached from the principal building are permitted encroachments only in interior side and rear yards, provided they comply with the following requirements:

      1.   Each surface of the arbor, trellis or pergola shall be at least fifty percent (50%) open.

      2.   The arbor, trellis or pergola shall be set back a minimum of three feet (3') from any rear or side lot line.

   (D)   Decks:

      1.   No deck shall be erected or replaced within the village without first obtaining a building permit.

      2.   Decks shall not be higher than the elevation of the first floor of the principal building except that decks adjacent to an on-grade above round pool or hot tub may be hin her than the elevation of the first floor of the Principal building, but they shall not be higher than the top of the pool or hot tub.

      3.   Decks are prohibited in front or corner side yards or street yards. Decks are permitted in the interior side yard provided they meet the interior side yard setback requirement and in the rear yard provided they are set back three feet (3') from any rear lot line and five feet (5') from any side lot line.

      4.   For double frontage lots, decks are prohibited in the street or front yard where the front entrance of the building is located. For double frontage lots, decks are permitted at the rear of the building but must meet setback requirements.

   (E)   Driveways:

      1.   Building Permit Required: No driveway shall be erected or replaced within the village without first obtaining a building permit.

      2.   Location: A residential driveway may be located on the lot line if it physically abuts a driveway on the adjacent lot. This location shall only be allowed if approved by the owners of each lot, such approval to be recorded as a shared driveway easement on each plat of survey. All other driveways shall be located a minimum of one foot (1') from the side and rear lot line.

      3.   Driveways For Residential Detached Garages: (See figure 7, “Maximum Driveway Width For Residential Detached Garages”, of this section.)

         (a)   A residential driveway that provides access to a detached garage shall be no more than ten feet (10') in width, with the exception that an additional paved area, or “turnaround area”, which allows for maneuvering of vehicles so that they do not back out onto streets or sidewalks, shall be permitted in a rear yard adjoining a detached garage, provided the lot remains in conformance with the maximum impervious surface requirements for the zoning district.

         (b)   The portion of the driveway approaching the garage is permitted to widen to the width of the garage as measured from the exterior face of the exterior wall, to the exterior face of the exterior wall; however, the increased width is only permitted to extend for a distance of twenty feet (20') back from the garage doors before tapering to the required driveway width of ten feet (10'). If the garage contains an entry door or extended wall located alongside the garage doors, the owner may extend the width of the apron to cover that extended part of the garage frontage, but must taper back as required. In all cases, the lot shall remain in conformance with the maximum impervious surface requirements for the zoning district.

         (c)   Driveway aprons shall be built in accordance with section 8-4-4, “Width, Encroachments”, of the municipal code.

Figure 7:

Maximum Driveway Width For Residential Detached Garages:

      Detached Garage Driveway:

      -   Maximum width: 10'

      -   4" radius permitted at curb

      -   20' maximum allowed length for a driveway apron from the garage doors before tapering to the required driveway width in order to allow access to the additional paved “turnaround area”

      4.   Driveways For Residential Attached Garages: (See figure 8, “Maximum Driveway Width For Residential Attached Garages”, of this section.)

         (a)   A residential driveway that provides access to an attached garage shall be no wider than ten feet (10').

         (b)   For attached front loaded garages, the portion of the driveway approaching the garage is permitted to widen to the width of the garage as measured from the interior demising wall of the garage to the outside of the exterior wall; however, the increased width is only permitted to extend for a distance of twenty feet (20') from the garage doors before tapering back to the required driveway width of ten feet (10') within thirty feet (30') of the face of the garage or the front property line, whichever occurs first.

         (c)   For attached garages located to the rear, or side garages, the driveway that provides access to the garage shall be no more than ten feet (10') in width. The portion of the driveway approaching the garage is permitted to widen to the width of the garage, as measured from the exterior face of the exterior wall to the exterior face of the exterior wall, to allow access to each garage parking space; however, the increased width is only permitted to extend for a distance of twenty feet (20') from the garage doors before tapering back to the required driveway width of ten feet (10') within thirty feet (30') of the face of the garage or the front property line, whichever occurs first. If the garage contains an entry door or extended wall located alongside the garage doors, the owner may extend the width of the driveway to cover that extended part of the garage frontage, but must taper back as required. In all cases, the lot shall remain in conformance with the maximum impervious surface requirements for the zoning district.

         (d)   Any additional paved area, sidewalk or walkway, located within a street yard and parallel to a driveway, shall be separated a minimum of three feet (3') from the edge of the driveway. This additional paved area, sidewalk or walkway shall be no more than five feet (5') in width. The three foot (3') separation shall be maintained with turf or other live landscape material.

         (e)   Driveway aprons shall be built in accordance with section 8-4-4, “Width, Encroachments”, of the municipal code.

   Figure 8:

   Maximum Driveway Width For Attached Residential Garages:

   Attached Garage Driveway:

      -   Maximum width: width of garage

      -   Parallel walkway requires 3' separation

      -   4' Radius permitted at curb

      -   20' maximum allowed length for a driveway apron from the garage doors before tapering to the required driveway width in order to allow access to the additional paved “turnaround area”

      5.   Driveways For Parking Lot Access: Driveways that provide access to parking lots shall be in accordance with the access, drainage and lighting standards for parking lots in chapter 8, “Off Street Parking”, of this zoning ordinance.

      6.   Limitation On Residential Curb Cuts: One curb cut shall be permitted for each residential zoning lot for new homes. More than one curb cut shall be permitted only as a special use. Existing lots with more than one curb cut and/or a circular driveway that exists at the time of adoption hereof, may replace and repair the existing driveway, provided that the driveway is not enlarged and that the maximum impervious surface requirement for the lot is not exceeded at the time of replacement or repair. If the impervious surface requirement is exceeded, a variation to replace the driveway shall be required.

      7.   Permitted And Prohibited Driveway Materials:

         (a)   The following are permitted construction materials for driveways:

            (1)   Asphalt.

            (2)   Concrete.

            (3)   Brick or decorative stamped pavers.

            (4)   Permeable pavers.

            (5)   Grasscrete or similar void structures.

            (6)   Permeable pea gravel or similar permeable decorative gravel.

            (7)   Permeable concrete.

            (8)   Porous asphalt.

         (b)   The following are prohibited construction materials for driveways:

            (1)   Dirt.

            (2)   Gravel (other than permeable pea gravel or similar permeable decorative gravel driveways as authorized by subsection 10-7-3(E)(7)(a) above).

            (3)   Crushed limestone.

            (4)   Other aggregate.

      8.   Existing Residential Gravel Driveways:

         (a)   Residential gravel driveways other than permeable pea gravel or similar permeable decorative gravel driveways permitted by subsection 10-7-3(E)(7)(a), existing as of June 1, 2020, shall be allowed to continue as legal nonconforming residential driveways provided they conform to the maintenance standards for gravel driveways set forth in title 4 (Building Regulations), Chapter 11 (Property Maintenance).

      9.   Nonconforming Residential Driveways: See section 10-10-7, “Nonconforming Residential Driveways”, of this zoning ordinance for nonconforming driveway provisions.

      10.   Rebuilt Residential Driveways: If a new garage is constructed at a different location on a lot and the preexisting driveway no longer leads to or connects to the new garage, the old driveway must be removed and a new driveway constructed in conformance with this zoning ordinance.

      11. Driveways For Multi-Family And Townhouse Dwellings, And Nonresidential Uses:

         (a)   Driveways of townhouse developments shall be a minimum of twelve feet (12') for one-way drives, and a minimum of twenty four feet (24') for two-way drives. Driveways of rear loaded or side loaded townhouse developments shall be permitted a driveway apron, the width of the garage doors, which may extend back from the garage doors to meet the drive aisle. Front loaded townhouse developments, which are a special use and subject to site plan review, may be required, depending on site orientation and to be determined during site plan review, to taper such driveway aprons as described in the requirements of subsection (E)3, “Driveways For Residential Detached Garages”, of this section.

         (b)   Driveways, parking lots and access aisles for multi-family and nonresidential parking lots shall be designed in accordance with chapter 8, “Off Street Parking”, of this zoning ordinance.

         (c)   Except for access to loading berths, no driveway shall have a width exceeding twenty four feet (24').

   (F)   Fences And Walls: (See figure 9, “Permitted Locations For Fences”, of this section.)

      1.   Building Permit Required: No fence or wall shall be erected or replaced within the village without first obtaining a building permit.

      2.   Fence And Wall Location:

         (a)   Fences and walls in residential and business districts shall be prohibited in street and front yards, except where the street or front yard adjoins a nonresidential use or along 26th Street, 31st Street or York Road, subject to further review by village staff. Along street or front yards that adjoin 26th Street, 31st Street or York Road, a fence shall not exceed six feet (6') in height.

         (b)   In situations where the street yards of adjoining lots in residential districts are of different dimensions, no fence is allowed in the street yard of either property; thus, a fence in either side yard shall be bound to the dimension of the deeper street yard. Similarly, in the case of corner lots, the rear yard fence of the corner lot is not allowed to extend into the street yard of the adjoining property.

         (c)   Fences in residential and business districts that are not built at the property line shall be located at least three feet (3') from the side or rear property line. Any space along the perimeter of the lot, between the fence and the property line, shall be properly maintained.

         (d)   Fences shall only be permitted to be installed to split abutting driveways, where the driveway on each abutting property is a minimum of nine feet (9') in width.

      3.   Fence And Wall Height in Residential Districts: The height of all fences and walls shall be measured from the ground to the highest point of the fence. All fences and walls in residential districts shall be a maximum height of four feet (4') for a distance of forty feet (40') as measured from the front building line, or to the rear of the principal building on the lot, whichever is less. After the first forty feet (40') as measured from the front building line, or past the rear of the principal building on the lot, whichever is less, a maximum height of six feet (6') is allowed, except for the following:

         (a)   Fences around permitted swimming pools shall comply with the fencing requirements in title 4, chapter 7 of the municipal code.

         (b)   Tennis court fences shall be a maximum of ten feet (10') in height, as measured from the base of the court, and shall be constructed of coated chainlink.

      4.   Fence And Wall Height in Business Districts: The height of all fences and walls shall be measured from the ground to the highest point of the fence. Except as authorized by subsections (a) and (b) below, all fences and walls in business districts shall be a maximum height of four feet (4') for a distance of forty feet (40') as measured from the front building line, or to the rear of the principal building on the lot, whichever is less. After the first forty feet (40') as measured from the front building line, or past the rear of the principal building on the lot, whichever is less, a maximum height of six feet (6') is allowed, except for the following:

         (a)   Where a lot within a business district is adjacent to a railroad right of way or public alley, such fence shall be limited to eight feet (8') in height.

      5.   Permitted Fence And Wall Materials In Residential And Business Districts: Fences in residential districts shall only be constructed of the following materials:

         (a)   Treated wood, cedar and redwood.

         (b)   Simulated wood.

         (c)   Decorative brick or stone.

         (d)   Wrought iron or aluminum designed to simulate wrought iron.

         (e)   Coated chainlink, brown, black or green in color.

      6.   Construction Requirements:

         (a)   A fence or wall, including all posts, bases and other structural parts, shall not be located beyond the property line of the lot on which it is located.

         (b)   All fences shall be erected so that the finished side of the fence faces outward, or away, from the lot on which the fence is erected.

         (c)   Except as provided in this zoning ordinance, no fence shall be erected or equipped with barbed wire, spikes of any similar device or materials designed to cause injury to a person, nor have any wire charged with electrical current sufficient to cause shock.

         (d)   Chainlink fences, when permitted, shall be erected so that the knuckle edge will be on top and the barbed edge will be on the bottom.

      7.   Maintenance Requirements: All fences shall be maintained in good condition at all times by the owner and/or occupant of the property. If a fence is found to be in a deteriorated condition and/or in need of repair, the fence shall be repaired, replaced or removed in accordance with the property maintenance code.

      8.   Security Fences For Public Utilities: Barbed wire, razor wire or fences of similar material shall be permitted only on a lot used for a public utility facility. All barbed wire, razor wire or similar material shall be placed no less than seven feet (7') above finished grade and shall extend inward toward the interior of the lot. Such fences shall be a maximum height of eight feet (8') and may be constructed of chainlink. In residential districts, such fences shall not be located in a street yard.

   Figure 9:

   Permitted Locations For Fences

   (G)    Mechanical Equipment:

      1.    Roof Mounted Mechanical Equipment:

         (a)   All roof mounted mechanical equipment including, but not limited to, heating, ventilating, and air conditioning units (HVAC), shall not be visible from the public right of way, and where possible from surrounding properties. The full enclosure of mechanical equipment within the building is encouraged. The planning and zoning commission may require a sight line diagram to demonstrate that roof mounted equipment will not be visible from the public right of way. See figure 10, “Screening Of Mechanical Equipment”, of this section.

         (b)   Screening shall be accomplished by the roof structure, parapet walls, or other screening structure. The height of the screening shall equal the height of the tallest rooftop mechanical element installed on the building. Such screening shall be designed to blend in with and complement the architecture of the building.

   Figure 10:

   Screening For Mechanical Equipment:

      2.   Ground Based Mechanical Equipment:

         (a)   Ground based mechanical equipment is discouraged. Wherever possible, mechanical equipment shall be contained within buildings or shall be roof mounted.

         (b)   All ground based mechanical equipment including, but not limited to, heating, ventilating, and air conditioning units (HVAC), shall be located only in the rear of the building or interior side yard. No equipment shall be located between a building and a front or corner side lot line, or street yard. In the residential districts, ground based mechanical equipment shall be located at least five feet (5') from all lot lines.

         (c)   In the business districts, all ground based mechanical equipment, including, but not limited to, heating, ventilating, and air conditioning units (HVAC), shall be fully screened from public view.

      3.   Noise Standards For All Mechanical Equipment: At no point at the boundary of a residential district shall the sound intensity level of any individual establishment (with the exception of motor vehicles or other modes of transportation) exceed fifty five (55) decibels as measured with a sound level meter.

   (H)   Porches:

      1.   No porch shall be erected or replaced within the Village without first obtaining a building permit.

      2.   Unenclosed and enclosed porches are permitted in any yard provided they meet the setback requirements of such yard in the applicable zoning district.

      3.   Steps and stoops are not considered porches. See steps and stoops in section 10-7-4, “Permitted Encroachments”, of this chapter.

      4.   Existing encroaching porches, whether enclosed or unenclosed, may be restored, reconstructed or replaced in a front yard, corner side yard or street yard to their existing form, footprint and depth. Existing enclosed porches may be converted to unenclosed porches.

      5.   Encroachment into Street Yard. Except as otherwise provided in Section 10-7-3(H}(5)(a). New unenclosed porches shall be allowed to encroach up to nine feet (9') into a required street yard as measured to the foundation or the face of the deck boards of the unenclosed porch. The eaves of the unenclosed porch may encroach up to an additional three feet (3'). Where an existing street yard is less than thirty six feet (36'), however, the new unenclosed porch, excluding the eaves, may not extend more than twenty five percent (25%) into the existing street yard. In no case may a new unenclosed porch, including the eaves, be closer than twenty feet (20') from the street lot line. Buildings with existing porches that have previously been enclosed and which encroach into a required street yard shall not be eligible for porches permitted by this subsection.

         (a)   Single or Two-Family Dwellings in R3 District. New unenclosed porches on properties in the R3 District with single or two-family dwelling units with an existing street yard of less than twenty-six feet (26') may encroach up to six feet (6') into the street yard as measured from the point of the house nearest to the street yard to the point of the new unenclosed porch or any associated stairs nearest to the street lot line; however, in no case shall a new unenclosed porch or any associated stairs be closer than twelve feet (12') to the street lot line as measured from the point of the new unenclosed porch or any associated stairs nearest to the street lot line excluding eaves, which eaves may encroach a maximum of an additional two feet (2') into the street yard. Buildings with existing porches that have previously been enclosed and which encroach into a required street yard shall not be eligible for porches permitted by this subsection.

      6.   No building additions shall be allowed above encroaching porches nor shall permanent access by a door be provided to the roof above an encroaching porch.

      7.   Encroaching porches shall utilize building materials that match or are consistent in design and appearance with the primary building materials of the first floor of the principal building to which they are attached.

   (I)   Refuse Containers: Refuse containers shall be located only at the rear or side of the building. Refuse containers in the side yard shall be completely screened from view along the public street. No refuse containers shall be located between a building and a front or corner side lot line, or between a building and street lot line. Shared refuse containers and enclosures among adjacent properties are encouraged. Existing nonconforming refuse containers, as of September 1, 2007, shall be subject to the provisions of section 10-10-10, “Nonconforming Refuse Containers”, of this zoning ordinance.

   (J)   Retaining Walls:

      1.   If the face of a building is within fifteen feet (15') of a retaining wall, the height of the retaining wall shall be included in the building height calculation. The combination of the retaining wall height and the remainder of the building height above the wall shall not exceed the maximum building height limitation.

      2.   Retaining walls shall not encroach into any public right-of-way.

      3.   Retaining walls and terracing over two feet (2') shall not encroach into any street or front yard, unless deemed necessary by the Village Engineer.

   (K)   Satellite Dish Antennas:

      1.   Satellite dish antennas that do not exceed twenty four inches (24") in diameter shall be permitted to be mounted on any building wall or roof, except that, where possible, such antennas shall be mounted so that they are not visible from public streets. Such antennas shall not require building permits.

      2.   Satellite dish antennas that exceed twenty four inches (24") in diameter may be roof or ground mounted, provided they are located in a rear yard and do not exceed eight feet (8') in diameter.

      3.   Ground mounted satellite dish antennas up to eight feet (8') in diameter shall be located a minimum of ten feet (10') from a principal building.

      4.   Ground mounted antennas shall include landscaping, berming and/or fencing, as approved by the Building Department, around their bases for screening purposes.

      5.   Roof mounted dishes shall not exceed the height of the building or maximum permitted building height for the district, whichever is less. Roof mounted large satellite dish antennas (over 3 feet in diameter) shall be required to be screened by an architectural feature, subject to the review and approval of the Building Commissioner.

   (L)   Solar Energy Systems: See section 10-7-6 of this chapter.

   (M)   Swimming Pools: Swimming pools shall comply with the requirements in title 4, chapter 7 of the Municipal Code.

   (N)   Temporary Membrane Structures/Temporary Storage Tents And Canopies/Temporary Event Tents: Subject to compliance with applicable building and life safety codes, temporary event tents, temporary membrane structures and temporary storage tents and canopies are allowed to be erected in side or rear yards only and must be located at least three feet (3') from any lot line. Temporary membrane structures (other than temporary event tents) and temporary storage tents and canopies shall not be erected for a period in excess of thirty (30) consecutive days. In no case shall a temporary membrane structure be erected within a side or rear yard for a total of more than forty five (45) days in a calendar year. Temporary event tents may be allowed in a street or front yard or within a side or rear yard setback upon approval of the Zoning Administrator pursuant to subsection 10-6-3(C)(9) of this Code. A temporary event tent may be erected up to two (2) days prior to the event to which it relates, and must be taken down within two (2) days of the conclusion of the event to which it relates. Temporary event tents shall not be erected for a period in excess of seven (7) consecutive days. In no case shall temporary event tents be erected on a property for more than thirty (30) days in a calendar year. Temporary event tents erected on residential properties for less than twenty-four (24) hours may be allowed in a street or front yard or within a side or rear yard setback without the approval of the Zoning Administrator. The footprint of a temporary membrane structure, storage tent, or storage canopy may not exceed 200 square feet for a structure or tent or 400 square feet for a canopy. For a canopy that is open on all sides, an individual canopy shall have a maximum footprint of 700 square feet. For multiple canopies placed side by side with appropriate fire break clearance, the aggregate area for all canopies shall have a maximum footprint of 700 square feet. Temporary membrane structures do not include tent structures used for commercial purposes.

   (O)   Temporary Storage Containers: Temporary storage containers are allowed in all zoning districts subject to the following conditions and restrictions:

      1.   Temporary storage containers are allowed in side or rear yards and must be located at least three feet (3') from any lot line. Temporary storage units are allowed in the front yard only where sited entirely on a driveway or other paved area.

      2.   Temporary storage containers shall not be allowed on a lot for a period in excess of thirty (30) consecutive days, or for up to six (6) months where there is a valid construction permit for the property on which the temporary storage container is sited. Temporary storage containers may be placed on a specific lot on not more than two (2) occasions in any one (1) year period. The placement and removal of a unit shall constitute one (1) occasion. In no case shall a temporary storage container be located on a lot for a total of more than forty five (45) days in a calendar year where there is no construction permit, or for more than six (6) months where there is a valid construction permit, unless such time period is extended by the Village’s building inspector for good cause shown.

      3.   Temporary storage containers shall not be placed on Village owned property or public right-of-way unless permission is granted by the Public Works Director. The Public Works Director may impose conditions, including time limits, more restrictive than these regulations, for the placement of such containers on Village owned property or public right-of-way.

   (P)   Window Wells:

      1.   All window wells may encroach up to a maximum of three feet (3') into a required yard.

      2.   All window wells shall not exceed a length (i.e., distance parallel to the foundation wall) of four feet (4'). The length shall be determined by interior measurements.

      3.   No more than two (2) window escape wells shall be permitted to encroach into each of the rear and street or front yards, and not more than one (1) window escape well shall be permitted to encroach into a required side yard. Window escape wells shall be limited to two (2) per building.

      4.   When more than one (1) window light well is installed along a wall, each shall be separated by a space of at least three feet (3') from the other.

      5.   The maximum amount of all window wells that encroach into a required yard along any wall may not exceed forty percent (40%) of the length of that wall. (Ord. 2550, 12-19-2005; amd. Ord. 2593, 11-20-2006; Ord. 2627, 7-16-2007; Ord. 2749, 11-1-2010; Ord. 2797, 5-21-2012; Ord. 2843, 12-19-2013; Ord. 2856, 8-7-2014; Ord. 2944, 2-2-2017; Ord. 2955, 6-15-2017; Ord. 3059, 6-18-2020; Ord. 3069, 10-15-2020; Ord. 4022, 7-7-2022; Ord. 4041, 2-2-2023; Ord. 4042, 2-2-2023; Ord. 4044, 2-2-2023; Ord. 4047, 2-16-2023; Ord. 4073, 11-16-2023; Ord. 4134, 3-20-2025; Ord. 4149, 8-21-2025)

An encroachment is the extension or placement of any structure or building, or component of such, into a required yard. Permitted encroachments into required yards are listed in table 7, “Permitted Encroachments”, of this section.

TABLE 7
PERMITTED ENCROACHMENTS

Y = Permitted N = Not permitted

 

(Ord. 2550, 12-19-2005; amd. Ord. 2749, 11-1-2010; Ord. 2761, 12-20-2010; Ord. 2797, 5-21-2012; Ord. 2901, 3-3-2016; Ord. 2944, 2-2-2017; Ord. 4041, 2-2-2023; Ord. 4149, 8-21-2025)

All uses shall comply with the performance standards established below unless any federal, state, county or local law, ordinance or regulation establishes a more restrictive standard, in which case, the more restrictive standard shall apply.

   (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 noise regulations of the state pollution control board, as amended from time to time. The limits shall not apply to construction noises, which are subject to the requirements of the municipal code, 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 trucks, railroads and aircraft.

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

   (C)   Vibration: No earthborne vibration from the operation of any use shall be detectable at any point off the lot on which the use is located.

   (D)   Dust And Air Pollution: Dust 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, shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. No persons shall cause, or allow, the emission of fugitive particulate matter across lot lines visible to an observer looking generally toward the zenith, beyond the property line.

This requirement shall not apply when the wind speed is greater than twenty five (25) miles per hour. Determination of wind speed for the purposes of this rule shall be by a one hour average or hourly recorded value at the nearest official station of the U.S. weather bureau or by wind speed instruments operated on the site.

   (E)   Discharge And Disposal Of Radioactive And Hazardous Waste: The discharge of fluid and the disposal of solid radioactive and hazardous waste materials shall comply with applicable federal, state and local laws and regulations governing such materials or waste. No operation that produces radioactive or hazardous waste material shall commence without prior notice to the village. Notice shall be given at least three (3) weeks before the operation is commenced. Radioactive and hazardous material waste shall 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 in any district shall not adversely affect the operation of any equipment located off the lot on which such interference originates.

   (G)   Odors: In accordance with the provisions of section 7-1-14 of the municipal code, no person shall so negligently conduct any business or use any premises as to create such an offensive odor as may taint the air and render it unwholesome or disagreeable and therefore a nuisance to the neighborhood.

   (H)   Toxic Substances: The storage, handling, or transport of toxic substances shall comply with the state of Illinois pollution control board rules and regulations.

   (I)   Water Pollution: All uses shall comply with the state of Illinois pollution control board rules and regulations.

   (J)   Fire And Explosion Hazards: Materials that present potential fire and explosion hazards shall be transported, stored and used only in conformance with all applicable federal, state and local laws. (Ord. 2550, 12-19-2005)

   (A)   Policy Statement: The village of Riverside is committed to encouraging the use of small scale passive and active solar energy systems for residential and other building projects within the village, to further energy savings and conservation and to help improve the quality of life and environmental health of the community as a whole. At the same time, the village recognizes that the regulation, construction, placement, and operation of solar energy systems are matters of public importance which concern aesthetics and other issues. The village of Riverside encourages the use of ecologically sustainable building practices, conservation of natural resources through better energy management, and the use of renewable energy technologies and design principles in the development and redevelopment of residential and other property.

   (B)   Definitions:

   BUILDING AND ROOF MOUNTED SOLAR ENERGY SYSTEM: A solar energy system that is affixed to either a principal or accessory structure.

   GROUND MOUNTED SOLAR ENERGY SYSTEM: A solar energy system that is not attached to another structure and is instead affixed to the ground, or that is attached to an antenna, light pole or other utility facility.

   NET METERING: An arrangement by which excess energy generated by a solar energy system is distributed back to the electrical utility grid.

   SOLAR COLLECTOR: An assembly, structure or design, including passive elements, used for gathering, concentrating, or absorbing direct or indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly, or a mechanism that absorbs solar energy and converts into electricity.

   SOLAR ENERGY: Radiant energy (direct, diffuse and/or reflected) received from the sun.

   SOLAR ENERGY SYSTEM: A complete assembly, structure or design, including solar collectors, that uses radiant energy received from the sun to capture, distribute and/or store energy for the generation of electricity or for heating or cooling gases, solids, liquids or other materials for on site consumption.

   (C)   Applicability:

      1.   This section applies to solar energy systems installed and constructed after August 1, 2012, and all applications for solar energy systems on existing structures or property.

      2.   Solar energy systems constructed in compliance with existing village codes and regulations prior to August 1, 2012, shall not be required to meet the requirements of this section.

      3.   Any upgrade, modification or structural change that materially alters the size or placement of an existing solar energy system, regardless of date of construction, shall comply with the requirements of this section.

   (D)   General Requirements: The following requirements are applicable to both building and roof mounted solar energy systems and ground mounted solar energy systems:

      1.   Permitted Districts: Solar energy systems are permitted as accessory uses as detailed in this section in all zoning districts, and as a special use on front or corner building facades in all zoning districts, as detailed in this section.

      2.   Structures: Solar energy systems shall be considered to be structures for the purpose of compliance with all village ordinances and other regulations, except where such ordinances or other regulations conflict with this section, shall require a building permit and certificate of occupancy issued by the building inspector or other designated official, and shall comply in their design, construction and operation with all other village ordinances and other regulations, except where such ordinances or other regulations conflict with this section.

      3.   Permits: Solar energy systems may be installed upon receipt of any applicable building, electrical and/or mechanical permits.

      4.   No Resale: All energy produced by a solar energy system shall be utilized on site, except for net metering as authorized by the applicable electric or other utility.

      5.   Utility Provider Notification: Written evidence must be provided at the time a building permit for a solar energy system is requested that the utility company has been notified of the customer's intent to install such a system.

      6.   Glare: Solar energy systems shall conform with the environmental performance standards of the village set forth in section 10-7-5 of this zoning ordinance, including the standards for glare and heat set forth in subsection 10-7-5(B) of this chapter.

      7.   No Advertising: Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

      8.   Blending: Efforts shall be made in the design of solar energy systems to incorporate the use of materials, colors, textures, screening and landscaping that will aid in blending the system into the natural setting and existing environment.

      9.   Wiring And Piping: All exterior electrical and plumbing lines for solar energy systems shall be placed in a conduit or copper piping, shall be installed underground or contained within a raceway that complements the building materials of the principal structure, and shall otherwise comply with all other village requirements relative to electrical or plumbing lines.

      10.   Plans: Plans submitted to the building inspector as a requirement for the issuance of a building permit for any solar energy system shall indicate all existing and proposed grading, excavating, filling, paving, fencing and screening as it may relate to the proposed system, shall indicate the location of all property lines and neighboring buildings, and shall comply with the requirements and standards of this section.

      11.   Visibility, Design And Impact Preferences: Installation of solar energy systems in a manner that minimizes their visibility from public rights of way and the aesthetic impact of such systems is strongly encouraged but not required where such installation will impair the functional integrity and viability of a system. Persons installing solar energy systems should investigate all feasible alternative locations for placement of a solar energy system on a building or site so as to minimize the visual and other impacts of the system on the building and site and in order to minimize the visibility of solar energy systems from the public right of way and are encouraged to install solar energy systems in a manner that will not compromise the character of the structure and site or the surrounding neighborhood. Further guidance on minimizing the impacts of solar energy system installation is set forth in subsection (M) of this section.

   (E)   Building And Roof Mounted Solar Energy Systems:

      1.   Permitted: Building and roof mounted solar energy systems and their related solar collectors are permitted on both principal and accessory structures in the following locations:

         (a)   Any portion of the principal roof of a building;

         (b)   Any roof surface on the side or rear of a building;

         (c)   Side and rear building facades; and

         (d)   Front or corner building facades, if the applicant obtains a special use permit pursuant to subsection (I) of this section and section 10-2-2-3 of this zoning ordinance.

      2.   Area And Protrusion: The installation area of solar energy systems may not be greater than the roof section where the solar energy system shall be mounted. All roof mounted solar collectors shall be positioned within the field of the roof plane, and shall not protrude over any edges or overhang of the roof.

      3.   Orientation: Solar collectors may be angled to maximize solar access. Where installed solar collectors vary from the pitch/angle of the roof on which the solar energy system is mounted, however, they shall not be visible from the public right of way, excluding public alleys, and except for flat roof installations subject to subsection (E)8 of this section.

      4.   Projection: Solar collectors shall not project more than four feet (4') from a building facade or roof plane where not visible from a public right of way and shall not project more than twelve inches (12") from a building facade or roof plane where visible from a public right of way, excluding public alleys. Solar collectors visible from a public right of way and placed on awnings or otherwise used to simultaneously shade a structure's windows may extend beyond twelve inches (12"), except that where such placement is on a front or corner building facade, placement is subject to a special use permit pursuant to subsection (I) of this section and section 10-2-2-3 of this zoning ordinance.

      5.   Extension Beyond Peak Of Roof: Solar collectors shall not extend vertically above the highest peak of a pitched roof.

      6.   Setback Encroachment: Solar collectors may project into a side or rear setback, but shall be no closer than five feet (5') to the side or rear property line. Solar collectors may not project into front, corner side or street yards, except where approved as a special use on front or corner building facades pursuant to subsection (I) of this section and section 10-2-2-3 of this zoning ordinance.

      7.   Height Limitation: Solar collectors shall not project higher than the permitted building height without a zoning variation.

      8.   Flat Roof Installations: Solar energy systems may be installed on a flat roof provided they do not project more than ten feet (10') above the flat roof on which they are installed, as measured from the roof base to the highest edge of the system. Flat roof installations shall be placed as far back on the roof as possible so as to limit their visibility from the public right of way.

   (F)   Ground Mounted (Freestanding) Solar Energy Systems:

      1.   Permitted Yards: Ground mounted solar energy systems are permitted only in the rear and interior side yards.

      2.   Setback: The setback for ground mounted solar energy systems shall be five feet (5') from any lot line in the permitted yards as measured from the lot line to the closest portion of the system, and shall not be located in any utility, water, sewer or other type of public easement.

      3.   Screening: The view of ground mounted solar energy systems from the public right of way shall be limited through the use of architectural features, earth berms, fencing, a landscaped combination of evergreen and deciduous plants, or other screening which will harmonize with the character of the property and surrounding area.

      4.   Height: Ground mounted solar energy systems shall not exceed a height of ten feet (10') above the ground, as measured from the average grade at the base to the highest edge of the system.

   (G)   Maintenance, Repair, Abandonment And Removal:

      1.   Maintenance: All solar energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such systems, except for maintenance and repair outages.

      2.   Repair: If a solar energy system becomes inoperable or damaged, operations must cease and prompt repairs must be made.

      3.   Notification: If the village determines that a solar energy system fails to comply with the applicable provisions of this section or appears to have been abandoned, the village shall provide written notification to the property owner. The owner shall have a period of ninety (90) days from the date of notification to either restore the solar energy system to operation or remove the system.

      4.   Enforcement: In the event the system is not removed or brought into compliance within the specified time period following notification, the village may pursue any and all available legal remedies to ensure that a solar energy system which fails to comply with this and other applicable codes, or which constitutes a danger to persons or property, is removed or brought into compliance.

      5.   No Waiver: Any delay by the village in taking enforcement action against the owner shall not waive the village's right to take any action at a later time. The village may seek to have a solar energy system removed at the owner's expense regardless of the owner's intent for such system, and regardless of any permits that may have been issued or granted.

      6.   Restoration: After a solar energy system is removed, the owner of the property shall promptly restore the property to a condition consistent with the property's condition prior to the installation of the system.

   (H)   Variations: Variations to the height, setback and other requirements set forth herein may be obtained upon application and the granting of a variation in conformance with the variation procedures set forth in section 10-2-2-2 of this zoning ordinance. In addition to the standards for granting of a variation set forth therein, no variation relative to a solar energy system shall be recommended for approval unless it is found that the proposed solar energy system is located in such a manner as to minimize intrusions on adjacent residential uses through positioning on the lot, selection of appropriate equipment and other applicable means.

   (I)   Special Use: Solar energy systems or portions thereof may be installed on front or corner building facades only upon application and the granting of a special use in conformance with the special use standards and procedures set forth in section 10-2-2-3 of this zoning ordinance.

   (J)   Government Installations: Solar energy systems or installations related to governmental uses, including, but not limited to, solar powered traffic speed display devices or solar powered traffic signals or parking meters, are exempt from the requirements of this section.

   (K)   Permit Fees: Solar energy systems are subject to applicable permit fees as determined by the building department.

   (L)   Solar Water Heating: The following are additional regulations with which solar water heating units (units designed to heat water for the generation of heat, water use or any other purpose) must comply, in addition to the other general regulations for solar energy systems set forth in this chapter:

      1.   Solar Water Heating Units: Solar water heating units which are an integrated part of the roof design are preferred. Solar water heating units may not be visible from the public right of way, excluding alleys. If the solar water heating units are not flush, as preferred, they shall be installed so as not to rise more than twelve inches (12") from the roof plane. They must appear to be part of the roof structure itself and be the same color as the roof or glass enclosed. Collectors requiring a high angle of installation shall be fully screened from view with a material that blends with existing architecture and color.

      2.   Tanks: No preheat, tempering or holding water tanks shall be located on the roof or building. Tanks shall be ground mounted on a concrete pad.

   (M)   Historic Structures:

      1.   Solar energy systems installed on structures designated as national, state or local historic landmark structures shall comply with all regulations applicable to such structures, including title 11, chapter 1, "Historic Preservation", of the municipal code.

      2.   Taking into account the village's national historic landmark status, and the fact that a large number of structures throughout the village contribute to the village's landmark status, adherence to the secretary of the interior's "Standards For Rehabilitation And Illustrated Guidelines On Sustainability For Rehabilitating Historic Buildings" (the "standards"), and in particular the guidelines for solar technology contained therein ("Solar Technology Guidelines"), is encouraged on structures deemed to be historic throughout the village.

Among practices recommended in the "Solar Technology Guidelines" in the 2011 edition of the standards are the following:

         (a)   Installing a low profile solar device on the historic building so that it is not visible or only minimally visible from the public right of way: for example, on a flat roof and set back to take advantage of a parapet or other roof feature to screen solar panels from view; or on a secondary slope of a roof, out of view from the public right of way.

         (b)   Installing a solar device on the historic building in a manner that does not damage historic roofing material or negatively impact the building's historic character and is reversible.

         (c)   Analyzing whether solar technology can be used successfully and will benefit a historic building without compromising its character or the character of the site or the surrounding historic district.

         (d)   Installing a solar device in a compatible location on the site or on a nonhistoric building or addition where it will have minimal impact on the historic building and its site.

         (e)   Installing a solar device on the historic building only after other locations have been investigated and determined infeasible.

   (N)   Solar Access Protection:

      1.   Creation Of Easements: Solar energy system access easements across contiguous or nearby lots, tracts or land may be created to establish a window of exposure to the sun so as to protect an existing or intended solar energy systems' exposure to the sun from obstruction of buildings and trees. Such easements may be purchased, reserved, granted or otherwise obtained. Adverse possession cannot create such an easement. An easement infringed upon is a compensable property right through private remedy.

      2.   Recording And Filing Of Easements: Solar access easements shall be recorded with the Cook County recorder of deeds and filed with the village's building department.

      3.   Construction In Easement Areas: Any person seeking a building permit to construct or modify any structure or buildings so as to increase the consumption of airspace over that lot shall certify in writing to the building department that no solar access easement exists over that lot.

      4.   Denial Of Permit: Should the building department determine that the proposed construction would intrude upon a solar energy system access easement, no building permit shall be granted.

      5.   Approvals: Absent the existence of a solar energy system access easement that is recorded and filed with the village's building department, approvals granted to a property owner for a solar energy system shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping or other improvements, even if such improvements may diminish the function of said solar energy system. (Ord. 2797, 5-21-2012)

   (A)   Applicability. The standards in this section shall apply to all properties in the Residential Zoning Districts. See Table 3, Residential Districts Bulk Requirements, in Section 10-4-5 for the maximum allowed impervious surface coverage for each Residential Zoning District.

   (B)   Purpose: The purpose of these standards is to ensure that each lot can be developed to allow a reasonable level of stormwater infiltration to occur such that stormwater runoff from any lot does not negatively impact neighboring properties nor disproportionately burden or damage public resources in the Village.

   (C)   Semi-Pervious Surface Coverage Standards.

      1.   For purposes of this Section, areas covered by a semi-pervious surface shall be included in the calculation of impervious surfaces for that site. However, twenty percent (20%) of semi-pervious surface area shall be excluded from the calculation of impervious surfaces for that site.

      2.   Surfaces approved by the Village as pervious or semi-pervious prior to the adoption of this section shall remain approved, conforming improvements and the originally approved permeability calculations shall continue to apply to them. If the surfaces are altered or removed, they shall be replaced with a semi-pervious surface that meets the requirements in this section.

      3.   Properties that exceed the maximum allowed impervious coverage per Chapter 4 prior to the adoption of this section cannot add new semi- pervious surfaces to that property unless the resulting total impervious surface coverage is reduced.

   (D)   Impervious Surface Coverage Standards.

      1.   The total amount of impervious surfaces on a site is determined by adding the square footage of all impervious surfaces, including:

         a.   Buildings. The roofs of buildings, porches, and other roofed or covered structures.

         b.   Eaves and Overhangs.

            (1)   Eighteen Inches Wide or Less. Eaves and overhangs that extend less than 18 inches past the building footprint shall not be included in the impervious surface measurements.

            (2)   More Than 18 Inches Wide. Eaves and overhangs that extend more than 18 inches past the building footprint, such as cantilevered decks, shall be included in the impervious surface measurements except that the first 18 inches shall be subtracted from the impervious surface measurement.

         c.   Driveways, Parking, Sidewalks, and Pathways. Driveways, parking areas, vehicle turnaround areas, walkways, sidewalks, and pathways that do not meet the definition of a pervious or semi-pervious surface.

         d.   Recreation Structures. Patios, pool decks, tennis courts, sport courts, artificial grass, and other similar recreational structures.

         e.   Water Features. Swimming pools, hot tubs, spas, plunge pools, and natural or manmade ponds and water features.

         f.   Other Structures or Surfaces. Any other structure or surface that does not meet the definition of pervious surface or semi-pervious surface.

      2.   The following surfaces are exempt from impervious surface coverage measurements:

         a.   Pervious Surfaces, as defined in this section.

         b.   Decks. Decks that meet all of the following standards:

            1.   The deck is uncovered.

            2.   The deck boards have a minimum of 1/8 of an inch of space between the deck boards.

            3.   The surface beneath the deck is dirt, gravel, or another pervious surface.

            4.   There is no material or system beneath the deck that would divert stormwater from falling onto the pervious surface beneath the deck.

         c.   Encroachments: Buildings, covered structures and paved surfaces, including but not limited to driveways and public sidewalks, that primarily serve an adjacent property or are located on publicly-owned property but that partially extend onto the property. (Ord. 4133, 3-6-2025)