The intent and purpose of this chapter is to establish basic recommendations which apply to the interpretation and administration of this title and which apply to construction and/or use of land within all zoning districts. (Amended Ord., 2-15-1993, eff. 2-26-1993)

No application for any permit or certificate established and/or required by this title shall be granted or issued in a manner contrary to the provisions of this title or for the erection, construction, moving, alteration, demolition, or occupancy of any building or land contrary to the provisions of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Transfer Of Space: No space allocated to a building for the purpose of complying with the yard, open space, or lot area requirements of this title shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, open space, or lot area requirements of any other building or group of buildings unless in so doing all buildings or groups of buildings involved have sufficient yard, open space, or lot areas remaining to satisfy this title.

   B.   Reduction Of Space: No usable open space, off street loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set for such usable open space, parking space, or loading space, nor further reduced if already less than said minimum requirements. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Combination Of Lots: When two (2) or more lots or parcels of land, each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined as one or more zoning lots of proper size.

   B.   Use Of Undersized Lots: Any single lot of record or parcel of land not contiguous to others in the same ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width, depth, or area, may be utilized; provided, that the yards or usable open space are not less than seventy five percent (75%) of the minimum required.

   C.   Two Or More Buildings On A Lot: If two (2) or more buildings, other than in a planned unit development, as defined in section 8-3B-6 of this title, are built upon a single lot or parcel of land, each building shall satisfy the requirements of this title in the same manner and degree as if they were on two (2) or more separate lots or parcels.

   D.   Modifications And Exceptions: The zoning board of appeals will forward its recommendation to the governing body on all requests for modification and exception to the strict requirements of this title where it can be shown that compliance therewith would work an undue hardship upon the petitioner. (Amended Ord., 2-15-1993, eff. 2-26-1993)

Except as otherwise provided for in this title, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street or permanent easement and shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the effective date hereof. (Amended Ord., 2-15-1993, eff. 2-26-1993)

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building or structure upon which actual construction was lawfully begun prior to the effective date hereof and upon which building or structure actual construction has been diligently carried on, and provided further, that such building or structure shall be completed within one year from the effective date hereof. If such structure, when completed and occupied, is in conflict with any section of this title, it shall be classified as a nonconforming structure subject to the regulations of chapter 9 of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)

An accessory building shall not be constructed nearer than ten feet (10') to any side or rear lot line, unless the rear lot line is congruent with the right of way line of a public alley or unless such building is directly connected by a party wall to an adjacent structure or another lot, then the building shall not be constructed nearer than five feet (5') from the rear lot line. An accessory building shall not be constructed nearer any front street right of way line than is the principal building on the lot, and not to exceed fourteen feet (14') from ground level to the highest point of the building. (Amended Ord., 2-15-1993, eff. 2-26-1993)

Any satellite antenna must be within twenty feet (20') of the rear lot line and shall be no closer than ten feet (10') from either side lot line. (Amended Ord., 2-15-1993, eff. 2-26-1993)

No fence, boundary markers, or other objects, permanent or temporary, which protrude from ground level shall be placed within fifteen feet (15') from the edge of any public road surface and not nearer than five feet (5') from any public alley road surface. No fence shall be constructed nearer than two feet (2') from adjoining property lines unless a joint building permit is received from all adjoining property owners. (Ord., 3-1-2004)

   A.   Definition: When used in this section, the term "off premises furnace or boiler" shall mean any appliance used to provide heat to a dwelling which is placed separate from the dwelling.

   B.   Outdoor Furnaces And Boilers Prohibited: It shall be unlawful to install, place, store, or operate an outdoor furnace or boiler in the village.

   C.   Furnaces Within Accessory Buildings: Furnaces may be allowed within accessory buildings provided the following requirements are met:

      1.   The furnace or boiler must exhaust through the roof of the building. Appliances fueled with liquefied petroleum gas or natural gas are exempt from this requirement.

      2.   The minimum height of the vent is seventeen feet (17'). Appliances fueled with liquefied petroleum gas or natural gas are exempt from this requirement.

      3.   A maximum of three feet (3') of vent stack may be visible from the exterior of the building. Appliances fueled with liquefied petroleum gas or natural gas are exempt from this requirement. The accessory building housing the furnace or boiler must be a permanent structure.

      4.   Accessory buildings housing furnaces or boilers using fuel other than liquefied petroleum gas or natural gas must be located no closer than twenty five feet (25') from any side lot line and no closer than fifty feet (50') from any front or rear lot line.

      5.   Accessory buildings housing furnaces or boilers fueled with liquefied petroleum gas or natural gas must meet all requirements of the zoning district in which they are located.

   D.   Exemptions: Any off premises furnace or boiler lawfully permitted by the village and installed prior to the effective date hereof shall be exempt from the regulations of this section.

   E.   Penalty: Any person violating any provision of this section shall be fined in accordance with section 1-4-1 of this code. (Ord., 8-25-2008)