The purpose of this section is to address those other site improvements to a zoning lot outside the principal building, including site design standards, accessory buildings, structures and uses, and permitted encroachments.

(Ord. No. 08-50, § 2(exh. A(12.1)), 8-12-2008)

(a)

Number of buildings on a lot. In the R-1 and R-2 districts, there shall be no more than one principal building per zoning lot. In all other districts, more than one building may be erected on a zoning lot, provided that all yard and bulk requirements of such district shall be met for each building as though it were a principal building on an individual lot.

(b)

All activities within an enclosed building. Within all districts, all activities shall be conducted wholly within an enclosed building, with the exception of the following activities and uses:

(1)

Off-street parking and loading.

(2)

Outdoor businesses, and those businesses with a required outdoor component, including, but not limited to, outdoor entertainment, outdoor recreation, restaurants, car washes, kennels and similar businesses. Such businesses may be limited, or outdoor components prohibited, as a condition of a special use if applicable.

(3)

Outdoor storage, and outdoor sales and display areas, in accordance with section 82-334(10), outdoor storage, and outdoor sales and display.

(4)

Temporary uses in accordance with section 82-306, temporary uses.

(c)

Frontage on a public or private street. All lots shall front on a public or private street.

(d)

Required yards. No lot shall be reduced in area so that the yards are less than required by this chapter. The yards of a building or structure shall not be considered yard space for any other building or structure. All yards allocated to a building or structure shall be located on the same zoning lot as such building or structure.

(e)

Applicability of bulk requirements. All buildings and structures erected after the effective date of the ordinance from which this chapter is derived 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.

(f)

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 a temporary use or accessory use, in accordance with the requirements of section 82-306, temporary uses, and section 82-334, accessory buildings, structures and uses.

(g)

View obstruction in residential districts. The site clearance area at the intersection of two streets within the residential districts shall be defined as a triangular area of a corner lot measured 15 feet from the point of intersection of the two streets along each street, shall not be obstructed by any sign, wall, fence, hedge, shrub or other object which exceeds 24 inches in height. Trees may be maintained within this area as long as there is no foliage within 36 inches as measured from the ground to the lowest foliage. In the event that the grade of a lot is higher than the street grade, the height of the wall, fence, hedge, or shrub shall be reduced so that the site clearance is not obstructed 24 inches over the grade of the street. See figure 12-1, view obstruction.

Figure 12-1.

View Obstruction

(Ord. No. 08-50, § 2(exh. A(12.2)), 8-12-2008)

(a)

Light trespass.

(1)

No exterior lighting may glare into, or upon, the surrounding area or any residential premises, in addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The light level must be no greater than one-half footcandle at a residential property line and one footcandle at any nonresidential property line or public right-of-way line. Measurement shall be taken at five feet above ground level.

(2)

Specifically, the following types of light trespass are prohibited:

a.

Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

b.

Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.

(b)

Unshielded lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, to illuminate buildings, structures, outdoor sales areas, or outdoor storage or display areas are prohibited, except on a temporary basis in areas where special events, carnivals, fairs or other similar activities are held and only when such activities are taking place. Holiday lighting is exempt from these provisions.

(c)

Light pole heights. The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, are specified below. Building-mounted fixtures may exceed these height limitations, provided that they are fully shielded. These standards do not apply to roadway lighting. Permitted light pole heights are as follows:

(1)

Nonresidential districts. Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. Such poles or mounts may not exceed 16 feet in height. The zoning administrator may approve, in appropriate circumstances, a pole or mount of up to 24 feet.

(2)

Residential districts. Light poles for single- and two-family dwellings may not exceed eight feet in height. Light poles for nonresidential, multifamily and townhouse uses may not exceed 12 feet in height. Lighting, including under-soffit lighting mounted upon a single-family, two-family or townhouse residential dwelling may not be mounted higher than 20 feet above grade, as defined in this chapter. Light poles on school sites or that light outdoor recreational facilities may not exceed 24 feet in height.

(Ord. No. 08-50, § 2(exh. A(12.3)), 8-12-2008)

All accessory structures and uses shall be subject to the requirements of this section and the requirements of section 82-335, permitted obstructions. Additional accessory structures not regulated in this section may be regulated in section 82-335.

(1)

Accessory structures (generally). All accessory buildings and structures shall be subject to the following regulations. These provisions do not address garages or other accessory structures specifically regulated in this section. For garages, attached or detached, see subsection (6) of this section, garages, attached or detached.

a.

No accessory building or structure shall be constructed prior to construction of the principal building to which it is accessory.

b.

Accessory buildings or structures are prohibited within the required front, corner side or interior side yard of any lot.

c.

The maximum height of any detached accessory building or structure shall be 15 feet measured to the peak of the roof. (See figure 12-2, accessory building height.)

d.

The combined square footage of all detached accessory buildings, including a detached garage, located in the rear yard shall not occupy more than 40 percent of the required rear yard.

e.

Accessory buildings or structures must be located five feet from any lot line. Accessory buildings or structures shall be located a minimum of ten feet from the principal building on a lot. Such distances shall be measured from the foundation of an accessory building or structure.

f.

A maximum of three accessory buildings shall be permitted on a zoning lot, including a detached garage.

Figure 12-2.

Accessory Buildings Height

(2)

Amateur (HAM) radio equipment.

a.

Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in section 82-336, environmental performance standards, shall be permitted only in the rear yard. Towers shall not exceed the maximum building height of the applicable district by more than ten feet, unless a taller tower is technically necessary to engage successfully in amateur radio communications. Such taller height may only be approved by the zoning board of appeals/plan commission in accordance with subsection (2)c of this section.

b.

Antenna may be ground-mounted, building-mounted or roof-mounted, provided they do not exceed the maximum building height by more than ten feet unless a taller antenna is technically necessary to engage successfully in amateur radio communications. Such taller height may only be approved by the zoning board of appeals/plan commission in accordance with subsection (3)c of this section. Every effort shall be made to install radio antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

c.

The zoning board of appeals/plan commission may approve a taller antenna or tower provided the operator provides evidence that a taller tower or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower or antenna shall not prove a hazard to birds (i.e., minimal chance of bird strikes). Such tower or antenna must conform to all applicable performance criteria as set forth in section 82-336, environmental performance standards. As part of the application, the applicant must submit a site plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and any additional accessory structures.

d.

Antennas or towers owned and operated by the village are exempt from these requirements.

(3)

Arbors and trellises. Arbors and trellises are permitted to encroach into required rear, front and corner side yards, provided they comply with the following requirements:

a.

Each surface of the arbor or trellis shall be at least 50 percent open.

b.

The maximum height shall be eight feet, the maximum length six feet and the maximum depth three feet.

c.

Arbors and trellises are not permitted in interior side yards.

(4)

Electrical generators. Electrical generators may encroach into the rear yard only, and must be located at least 15 feet from any lot line. Generators shall be prohibited in the front, interior side or corner side yard.

(5)

Fences. Electric fences shall be permitted only as a special use and only on a lot in the M-1 and M-2 districts. All electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the International Electrotechnical Commission Standards. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence that is not less than six feet in height. Electric fences shall have a height of ten feet above finished grade. Electric fences shall be clearly identified with warning signs that read "Warning-Electric Fence" at intervals of not less than 60 feet. A Knox box shall be required and installed pursuant to the standards and direction of the village fire department.

a.

General requirements.

1.

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

2.

All fences shall be measured from existing grade, unless otherwise specified.

3.

Fences for public utility and public recreational uses in any district shall be subject to the regulations of subsection (4) of this section.

b.

Fences in residential districts.

1.

Fences may be installed in the front or corner side yard to a height not to exceed four feet and must be of open fence construction. Open fence construction means a fence, including entrance and exist gates, designed and constructed so that the surface area of any segment of such fence contains at least 50 percent open space, as compared to solid materials.

2.

Fences in residential districts may be erected to a height of six feet in any interior side or rear yard.

c.

Fences in nonresidential districts.

1.

Fences are prohibited in the front or corner side yard.

2.

Fences may be installed in any interior side or rear yard to a height not to exceed six feet.

d.

Fences for industrial, public utility and public recreational uses.

1.

Whenever the lot line of a public utility or public recreational use abuts a residential district, or whenever a public utility use fronts on a public right-of-way, the use shall be screened by a fence. In addition to the fencing, shrubs a minimum of five feet in height shall be planted along the fence.

2.

Public utility uses shall be fenced.

3.

Barbed wire, razor wire or fences of similar material shall be permitted only on a lot used for an industrial use or public utility facility. All barbed wire, razor wire or similar material shall be placed no less than seven feet above finished grade and shall extend inward toward the interior of the lot. Such fences shall be a maximum height of eight feet. Such fences may be located in any yard.

4.

Public recreation areas may be enclosed along their boundaries (i.e., all yards) with an open type fence to a height not to exceed nine feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.

e.

Fence construction and design requirements.

1.

The finished side of all fences shall face the lot line. Both sides of a fence shall be similar in design, construction and appearance.

2.

All fence posts shall be placed on the inside of the fence.

3.

A fence or wall, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.

4.

Fences shall only be constructed of the following materials:

(i)

Treated wood, cedar and redwood.

(ii)

Simulated wood.

(iii)

Decorative brick or stone.

(iv)

Wrought-iron or aluminum designed to simulate wrought-iron.

(v)

Coated chainlink, brown, black or green in color.

(vi)

Premanufactured fencing made of vinyl, polystyrene, wood-plastic composites (WPC) and polyethylene.

f.

Nonconforming fences. Existing fences located within the front yard, which are an existing legal nonconforming structure, may be repaired or reconstructed. However, any change to fence style or material, height or length shall not be permitted without a variance.

(6)

Garages, attached and detached. The following standards apply to all residential garages. Attached garages shall not be considered an accessory structure but shall be subject to the regulations of this section for attached garages.

a.

Attached garages.

1.

Garage doors shall be limited to 18 feet in width.

2.

Front-loaded attached garages shall not occupy more than 50 percent of the width of the front facade of the house, as measured along any building line that faces the street.

3.

Attached front-loaded and side-loaded garages shall not protrude more than five feet behind the main front facade of the house excluding projections such as porches, bay windows and turrets. Porches or the remainder of the front facade should protrude at least five feet in front of garage doors. (See figure 12-3, attached garage design.)

Figure 12-3. Attached Garage Design

4.

Windows, doors and roof treatments of that part of the garage facing the street shall incorporate architectural detail expressive of a residence.

5.

Upper level dormers and pitched roof elements shall be used to de-emphasize the garage. Garage openings, windows, columns, trims, decorative paneling and color shall de-emphasize the visual impact of the garage in relation to the building as a whole.

b.

Detached garages.

1.

A detached garage shall not exceed 15 feet in height as measured to the peak of a pitched roof. The area above the vehicle parking spaces in a detached garage may be utilized for storage, but not living space.

2.

Garage doors shall be limited to 18 feet in width.

3.

Detached garages shall be included in the combined square footage of all detached accessory buildings permitted in the rear yard, which, in total, shall not occupy more than 40 percent of the required rear yard.

4.

Detached garages shall be located a minimum of five feet from any lot line.

5.

In the case of new construction, new detached garages shall be consistent with the architecture and design of the newly constructed principal building. Consistency of design shall include use of the same or compatible siding, roofing, roof pitch, trim and colors.

(7)

Gazebos. Gazebos are permitted in the rear yard, provided they comply with the following requirements:

a.

Each surface of the gazebo shall be at least 25 percent open.

b.

Gazebos shall be limited to 12 feet in height as measured from grade to the peak of the roof. The gazebo platform shall be no higher than four feet above grade.

c.

The gazebo shall be set back a minimum of five feet from any lot line.

(8)

Home occupations.

a.

The following standards are intended to ensure that home occupations, conducted in a dwelling, are compatible with the neighborhoods in which they are located and do not interfere with the rights of the surrounding property owners to enjoy the established character of the neighborhood:

1.

The home occupation shall be conducted entirely within the dwelling unit or a detached garage on the same lot as the dwelling unit, and shall be clearly incidental and secondary to the use of the dwelling for residential purposes.

2.

The home occupation shall not exceed 25 percent of the total floor area of the principal building and garage.

3.

A home occupation shall not be established prior to the members of the family conducting the home occupation taking possession of, and residing in, the dwelling.

4.

No person other than a resident of the dwelling unit shall be employed as part of a home occupation.

5.

The home occupation shall not generate excessive vehicular or pedestrian customer traffic.

6.

If the home occupation provides instruction to others (teaching), it shall be limited to a maximum of six students at a time and a maximum of 18 students in any 24-hour period.

7.

The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. mail or an express shipping service that is characteristic of service to residential neighborhoods.

8.

A home occupation shall not generate noise, solid waste, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in a residential use.

9.

No outside storage or display of materials, merchandise, inventory or heavy equipment shall be permitted. No more than five percent of the total floor area of the principal building and garage may be devoted to storage of materials and supplies.

10.

No exterior alteration that changes the residential character of the principal building shall be permitted. No exterior building signs shall be permitted unless authorized by chapter 58, signs.

b.

The following types of activities are prohibited as home occupations:

1.

Boarding of animals, animal hospitals or animal grooming establishments.

2.

Firearm sales.

3.

Manufacturing.

4.

Medical offices.

5.

Motor vehicle service and repair.

6.

Restaurants.

7.

Sale of candy or other confectionary products.

8.

Welding.

c.

Day care homes are not considered a home occupation.

(9)

Mechanical equipment.

a.

In all districts, all ground-based mechanical equipment including, but not limited to, heating, ventilating and air conditioning units (HVAC), shall be located in the rear or interior side yard. In cases where it is unsafe or difficult to locate mechanical equipment within these permitted locations, the zoning administrator may approve an alternative location. In residential districts, ground-based mechanical equipment shall be located at least three feet from all lot lines in the interior side yard and five feet from all lot lines in the rear yard.

b.

All approved ground-based mechanical, including, but not limited to, heating, ventilating and air conditioning units (HVAC), shall be completely screened from public view. Screening materials may be solid concrete, masonry, wood, landscaped hedges or other opaque material, and shall effectively screen mechanical equipment so no portion is visible from a street or adjoining lot. Color and texture of a concrete or masonry screen wall shall be compatible with the color and texture of the principal building on the site.

c.

Any heating, ventilating or air conditioning equipment located on the roof of any structure in any zoning district shall be screened either by an architectural element of the roof and at least six feet from any supporting wall of the building to permit safe access to the roof by the fire department.

(10)

Outdoor storage, and outdoor sales and display.

a.

Retail goods establishments are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same lot. Any lawfully existing retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:

1.

No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required yard.

2.

Outdoor storage is prohibited for retail goods establishments.

3.

A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than ten percent of the required parking area for the existing commercial use may be used for temporary outdoor sales and display, unless approved by the zoning administrator.

b.

The following uses are permitted outdoor storage, and outdoor sales and display areas: greenhouse/nursery, including the growing of plants in the open; heavy retail, rental and service; motor vehicle dealership; motor vehicle operations facility; motor vehicle rental; and motor vehicle service and repair, major and minor. Additional outdoor storage, and outdoor sales and display areas may be approved by the zoning administrator. These uses are permitted outdoor storage, and outdoor sales and display areas in accordance with the following provisions:

1.

All manufacturing, assembly, repair or work activity shall take place inside an enclosed building. No work shall take place outdoors.

2.

No required parking area shall be used as an outdoor storage, or outdoor sales and display area.

3.

No materials stored or displayed outdoors shall be of a greater height than that of the required screening.

4.

All outdoor storage, and outdoor sales and display areas must comply with the screening requirements of article XI of this chapter, landscaping and screening.

(11)

Porches.

a.

Unenclosed porches are permitted encroachments into any yard. In a rear or side yard, an unenclosed porch must be at least three feet from any lot line. Unenclosed porches are permitted to encroach ten feet into a required front yard.

b.

Enclosed porches must meet all setback requirements.

c.

Steps and stoops are not considered porches.

(12)

Retaining walls.

a.

If the face of a building is within 15 feet 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.

b.

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

c.

Retaining walls, including the terracing of retaining walls for landscaping effect, shall be limited to two feet. Retaining walls over two feet shall be permitted only if deemed necessary by the village engineer.

(13)

Satellite dish antennas.

a.

General requirements.

1.

Satellite dish antennas shall be permanently installed on a building, in the ground or on a foundation, and shall not be mounted on a portable or movable structure.

2.

Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey, and shall blend with the surroundings as best as possible. No additional signs or advertising shall be permitted on satellite dish itself, aside from the logos of the satellite dish service provider or dish manufacturer.

3.

Cables and lines serving ground-mounted satellite dish antennas shall be located underground.

4.

Compliance with all federal, state and local regulations shall be required in the construction, installation and operation of satellite dish antennas.

5.

All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance. Antennas no longer in use must be removed.

b.

Small satellite dish antennas (one meter or less in diameter). Small satellite dish antennas, which are one meter or less in diameter, shall be subject to the general requirements of subsection (13)a of this section. Every effort shall be made to install small satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

c.

Large satellite dish antennas (one meter or more in diameter).

1.

Residential districts.

(i)

Large satellite dish antennas shall be located in the rear yard and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

(ii)

The overall height of a large satellite dish antenna shall not exceed 12 feet.

(iii)

A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public streets or adjacent properties. Screening shall include fences, plant materials and/or earth berms located to conceal the sides and rear of the antenna and its support structure. Plants shall be, at minimum, five feet tall at the time of installation.

2.

Commercial districts.

(i)

A large satellite dish antenna shall be located in the rear or side yard, and shall be setback a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

(ii)

Roof-mounting shall be permitted only if the satellite dish antenna is in scale with the overall building mass and location, as determined by the zoning administrator, and shall be screened by an architectural feature. The visible portion of the dish should not comprise more than 25 percent of the corresponding height or width of the screen.

(iii)

Ground-mounted satellite dish antenna shall provide screening, which includes fencing, berming or landscaping, to accomplish the following:

A.

All ground-mounted accessory equipment and the lower part of the support structure shall be completely screened.

B.

Where feasible, trees shall be installed to the side and rear of the antenna and at a height/elevation equal to the tallest portion of the dish.

(14)

Swimming pools. Swimming pools are subject to the requirements of the village building and technical codes and regulations.

(15)

Water features and manmade ponds.

a.

Water features and manmade ponds shall not be designed for nor shall any owner allow any swimming, wading or recreational use.

b.

The maximum depth of the water feature or pond shall be limited to 24 inches.

c.

The maximum size of a single container feature shall be limited to 100 square feet The maximum size of a multiple container feature shall be limited to 250 square feet total.

d.

No water feature or pond shall be located within the front, corner side or interior side yard. No water feature or pond shall be located in front of the front building line.

(Ord. No. 08-50, § 2(exh. A(12.4)), 8-12-2008; Ord. No. 12-001, § 4, 2-14-2012)

A permitted obstruction is the extension or placement of any structure or building, or component of such, into a required yard. Additional restrictions on permitted obstructions, including additional setback requirements and bulk regulations, can be found in section 82-334, accessory buildings, structures and uses, above and are referenced within the table in this section. Permitted obstructions are found in the following table 12-1, permitted obstructions:

(1)

The symbol Y means it is permitted.

(2)

The symbol N means it is not permitted.

TABLE 12-1. PERMITTED OBSTRUCTIONS

(Ord. No. 08-50, § 2(exh. A((12.5)), 8-12-2008)

All uses shall comply with the performance standards established in this section 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.

(1)

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 federal, state and local regulations, as amended from time to time. These limits shall not apply to construction noises, 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 motor vehicles, railroads and aircraft.

(2)

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.

(3)

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.

(4)

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.

(5)

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 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.

(6)

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.

(7)

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public, shall be removed, stopped or modified so as to remove the odor.

(8)

Toxic substances. The storage, handling, or transport of toxic substances shall comply with federal, state and local regulations.

(9)

Water pollution. All uses shall comply with federal, state and local regulations.

(10)

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 regulations.

(Ord. No. 08-50, § 2(exh. A((12.6)), 8-12-2008)