The plan commission may permit, after review at a regularly scheduled plan commission meeting, the height limit to be exceeded, but such modification shall be in accord with the following:

(1)

Agricultural structures such as barns, silos, and windmills shall not exceed in height 1½ times the actual distance from the nearest lot line.

(2)

Supplemental architectural projections such as spires, steeples, belfries, parapet walls, cupolas, domes, flues, and chimneys may be exempted from the height limitations of this chapter.

(3)

Communication and power-generating structures such as radio and television transmission and relay towers, windmills, aerials, and receiving antennas shall not exceed in height three-quarters the distance of the base of such structure from the nearest lot line.

(4)

Essential services such as utilities, water towers, and electrical power and communication transmission lines may be exempted from the height limitations of this chapter.

(5)

Public or semipublic facilities such as schools, churches, hospitals, monuments, sanitoriums, libraries, governmental offices, and fire stations may be erected to a height of 60 feet provided all required yards are increased not less than one foot for each foot the structure exceeds the maximum height requirement of the district.

(Code 1980, § 17.0901)

The plan commission may permit, after review at a regularly scheduled plan commission meeting, certain yard requirements to be modified.

(Code 1980, § 17.0902; Ord. No. 2010-4 VB, 6-14-2010; Ord. No. 2010-5 VB, 11-8-2010)

Additions to the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(Code 1980, § 17.0903)

The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side but may in no case be less than 15 feet in any residential district and five feet in any other district.

(Code 1980, § 17.0904)

For building structure or use setback purposes, lots having frontage on more than one public street shall be considered corner lots and shall have street or "front" yards on that side of principal structures abutting a street, and any other yard shall be designated a "side" yard. Structure and use setbacks from streets or property boundaries on such corner lots shall be regulated as set forth in section 70-39(7), Municipal Code of the Village of Roberts.

(Code 1980, § 17.0905)

Any lot of record on the date of passage of the ordinance from which this chapter is derived which is less than 7,200 square feet in area is considered a substandard lot. Any existing substandard lot may be used as a single-family building site provided that the use is permitted in the zoning district; provided the lot is of record in the county register of deed's office prior to the effective date of the ordinance from which this chapter is derived, and provided that the lot is in separate ownership from abutting lands. If two or more substandard lots with continuous frontage are under the same ownership on the effective date of the ordinance from which this chapter is derived, the lots involved shall be considered to be an individual parcel for the purpose of this chapter. Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter. A building/zoning permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after approval of a variance by the zoning board of appeals.

(Code 1980, § 17.0906)

Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.

(Code 1980, § 17.0907)

When a development project such as an industrial park, shopping center, or mixed use development is proposed which involves specific development proposals which meet the intent of the individual district regulations but cannot meet a specific requirement, and when the approval of such development would not set a precedent that would be detrimental to the community if approved in like circumstances, the plan commission may, after thorough review, make such specific modification in their approval of the specific project.

(Code 1980, § 17.0908)

(a)

Uses proposed to be accessory to an existing principal use which are not common permitted accessory uses may require plan commission review and approval prior to issuance of a building permit.

(b)

Certain accessory uses are of such a nature that they require considerable review prior to issuance of a building permit by the building inspector. When the building inspector (or other staff person) concludes that such proposed accessory use is not compatible with either the principal use or the uses on adjacent property or the proposed accessory use does not or cannot meet the standard set forth herein, the proposal may be referred to the plan commission for a determination and direction to the building inspector. Such accessory uses include the following:

(1)

Private swimming pools in residential districts. Private swimming pools in residential districts shall be constructed, installed, or enlarged in accordance with the following regulations:

a.

No pool shall be located, erected, constructed or maintained closer to any side or rear lot line than allowed by this chapter for permitted accessory building uses, and in no case shall the water service line of any pool be less than four feet from any lot line.

b.

No direct connection shall be made to the public sanitary sewer or on-site soil absorption sewage disposal system.

c.

A gaseous chlorination system shall not be made use of as a disinfection method for pool waters.

d.

Pools within the scope of this subsection or not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent accidental access to the pool and shall be not less than four feet in height, constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. If a pool is four feet in height above surrounding grade, no fencing is required; however, a fold-up ladder which can be locked in the "up" position when the pool is not in use shall be required.

e.

Aboveground pools with "self-providing" fencing to prevent unguarded entry will be allowed without separate additional fencing, providing, the "self-provided" fence is of minimum required height and design as heretofore specified.

f.

Permanent access from grade to aboveground pools having stationary ladders, stairs, or ramps shall have not less than equal safeguard fencing and gates.

g.

No fencing shall be located, erected, constructed or maintained closer to a pool than three feet, and the wall of the house or building faced to a pool may be incorporated as a part of such fence.

h.

All electrical installations provided for, installed, and used in conjunction with a private swimming pool shall be in conformance with law and ordinances regulating electric installations. If overhead floodlights or other artificial lights are used to illuminate the pool at night, such lights shall be shielded to direct light only on the pool.

i.

No pool shall be operated or maintained as to create a nuisance, a hazard, an eyesore or otherwise to result in a substantial adverse effect on neighboring properties, or to be in any other way detrimental to public health, safety, and welfare. When, in the judgement of the zoning administrator or plan commission, such a situation occurs, they may require adherence to section 70-292(2), Municipal Code of the Village of Roberts.

(2)

Solar and wind energy collection and electric production devices. Any active, passive solar and wind energy collection, reflection, conversion generation, transmission, or storage system and device external to the principal use structure and not an integral part of the principal structure, or placed as an accessory or principal use on property within the village, shall be required to secure a permit for the erection of such system or device from the building inspector prior to such erection or placing. Application for placement or erection of such system or device shall include detailed construction drawings of the entire system including any modification to existing structures, dimensions of the system and the structure to which it is affixed or connected, distances to the boundaries of the individual property on which the system or device is proposed to be placed, and names of the owners of the property as well as the names and addresses of individual persons or firms involved in the sale, fabrication, erection, placing, connection and insuring of such system or device. In addition, the applicant for such permit shall provide the building inspector with a site plan showing the location of the system or device on the site and the approximate distance to any structures on adjacent properties; landscaping screens; fences; overhead electric, telephone and TV cables; and permanent ponds or pools of water. The applicant shall, in addition, provide evidence that all applicable county, state and federal regulations have been met and that all applicable regulations of the effected electric utility company have been met.

(3)

Radio and television reception or transmission systems or devices.

a.

Any such system or device with an individual or combined visual surface area of more than the three square feet may not be erected or placed on any site and external to any building in the village without first receiving a building permit. The owner of the property, shall include a detailed construction drawing of the entire system including any modification to existing structures; dimensions of the system and the structure to which it is affixed or connected; distances to the boundaries of the individual property on which the system or device is proposed to be placed; and names of the owners of the property or firms involved in the sale, fabrication, erection, placing, connection and insuring of such system or device.

b.

In addition, the applicant for such permit shall provide the building inspector with a site plan showing the location of the system or device on the site and the approximate distance to any structures on adjacent properties, landscaping screens, and permanent ponds or pools of water. In reviewing the request the building inspector shall also be concerned with the aesthetics and visual effects of such devices, including color, height, maximum size and specific placement. In no case shall a reception or transmission "dish," "disk" or panel be more than 65 square feet in visual surface area. The applicant shall provide evidence that all applicable county, state and federal regulations have been met and that all applicable regulations of any effected electric utility company have been met. Such uses may not be placed in the front (street) yard area of any principal use within the village. The plan commission, following any necessary review on their part, may determine that the proposal is of such magnitude that it should be treated as a conditional use and, therefore, must follow the procedure to obtain a conditional use permit. The plan commission may also direct the building inspector and the planner to jointly review and approve such uses.

(Code 1980, § 17.0909)

Those lots created as a part of a preliminary plat approved by the village board after October 1, 1992, and before January 1, 1993, may be regulated as to building, use or structure setback requirements by either such restrictions as set forth in the appropriate zoning district classification in this chapter, or in the appropriate zoning district classification in the zoning ordinance in effect during that time period, whichever is less restrictive.

(Code 1980, § 17.0910)