Tremont City Zoning Code
GENERAL REGULATIONS
§ 153.190 CONFLICTING REGULATIONS.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance imposes more stringent requirements than are imposed or required by this chapter, the provisions of such ordinance shall govern.
(Ord. 18-108, passed 5-7-2018)
§ 153.191 SCOPE.
No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
§ 153.192 NONCONFORMING LOTS, STRUCTURES AND USES OF LAND.
(A) Intent.
(1) It is the intent of this chapter to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.
(2) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(3) Such uses are declared by this chapter to be incompatible with permitted uses in the district involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(4) A nonconforming use of a structure, a non- conforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
(5) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun in preparation for another building effort, such demolition or removal shall be deemed to be actual construction; provided that work shall be diligently carried on until completion of the building involved.
(B) Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through the approval of the Zoning Board and the Village Board.
(C) Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists than is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter due to restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No such structure may be enlarged or altered in a way which increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Nonconforming uses of structure and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Zoning Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board may require conditions and safeguards in accord with the purpose and intent of this chapter. Where land in combination is here-after changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure or structure and land in combination discontinues operation as constituted upon adoption of this chapter or as allowed as a change in nonconforming use as provided for in § 153.162(C) herein for a period of six months the structure or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. The Zoning Board may, however, allow a new nonconforming use of the premises; provided a more appropriate use than the use last made of the property is proposed; and provided appropriate improvements are made, as specified by the Zoning Board to assure the protection of property values in the district.
(6) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(F) Repairs and maintenance.
(1) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(2) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.
(G) Uses under exception provisions not non-conforming uses. Any use for such a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
(H) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming use of land, structure or land and structure in combination.
(Ord. 18-108, passed 5-7-2018)
§ 153.193 ACCESSORY USES AND BUILDINGS.
Accessory use shall be established as otherwise permitted in this chapter, shall be subject to the following regulations:
(A) No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended or moved prior to the establishment or construction of the main or principal structure, except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure.
(B) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.
(C) Accessory buildings shall not be erected in any minimum side yard setback, nor in any front yard.
(D) Only one accessory structure shall be allowed on a residential property in Districts R-1a, R-1, R-2a and R-2. The size of the structure shall not exceed 3% of the property size. One additional gazebo or pergola will be allowed with the same size constraints as the accessory structure. The gazebo or pergola may have a knee wall not to exceed 36 inches in height measured from the floor. The gazebo or pergola shall not be enclosed and shall not be used for storage.
(E) No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than three feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right-of-way.
(F) (1) No detached accessory building in R-1 through R-3, B-1, B-2 Districts shall exceed one story or 14 feet in height.
(2) Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said district, subject to Zoning Board review and approval if the building exceeds one story or 14 feet in height.
(G) When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot.
(H) When an accessory building in any residential or business district is intended for other than the storage of personal items of the property owner, the accessory use shall be subject to the approval of the Zoning Board.
(I) Accessory uses such as detached heating or cooling units, home television towers and similar accessory uses, shall be located only in the rear yard and shall meet all setback requirements of an accessory building.
(Ord. 18-108, passed 5-7-2018; Ord.19-109, passed 8-5-2019; Ord. 21-126, passed 6-7-2021) Penalty, see § 10.99
§ 153.194 OFF-STREET PARKING REQUIREMENTS.
(A) There shall be provided on each parcel of property in all districts automobile off-street parking spaces with adequate access to all spaces.
(B) The number of off-street parking spaces, in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of compliance, as hereinafter prescribed.
(1) Off-street parking spaces may be located within a rear yard or within a side yard which is more than the minimum side yard setback unless otherwise provided in this chapter. Off-street parking shall not be permitted within a front yard nor within a minimum side yard setback unless otherwise provided in this chapter.
(2) Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown on all lots or parcels intended for use as parking by the applicant.
(3) Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage or combination thereof, and shall be located on the premises they are intended to serve, and subject to the provisions of § 153.193.
(4) Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.
(5) Off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.
(6) Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(7) In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the Zoning Board may grant an exception.
(8) The storage of merchandise, motor vehicles for sale, trucks or the repair of vehicles is prohibited.
(9) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the Zoning Beard considers is similar in type.
(10) For the purpose of computing the number of parking spaces required, the definition of usable floor area in § 153.002, shall govern.
(11) For those buildings existing within the B-1 and B-2 Districts, no additional parking space need be provided when remodeling or rebuilding of structures is proposed, provided the floor area of existing structures on such site is not increased in the remodeling or rebuilding undertaken. Where floor area is increased, parking spaces shall be provided for such increased floor area in accord with the provisions of this chapter.
(12) The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule.
Use | Number of Minimum Parking Spaces per Unit of Measure | |
Use | Number of Minimum Parking Spaces per Unit of Measure | |
Business and commercial | ||
Bowling alleys | Five for each one bowling lane plus accessory uses | |
Dance halls, pool or billiard parlors, roller or skating rinks, exhibition halls and assembly halls without fixed seats | One for each two persons allowed within the maximum occupancy load as established by local, country or state fire, building or health codes | |
Establishment for sale and consumption on the premises of beverages, food or refreshments | One for each 100 square feet of usable floor space or one for each two persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes | |
Furniture and appliance, household equipment, repair shops, showrooms of plumber, decorator, electrician or similar trade, shoe repair and other similar uses | One for each 800 square feet of usable floor area (for that floor area used in processing, one additional space shall be provided for each two persons employed therein) | |
Gasoline service station | One for each lubrication stall, rack or pit and one for each gasoline pump | |
Hair, nails and tanning salons | Two for each customer chair and one for each tanning bed, plus one | |
Laundromats and coin operated dry cleaners | One for each two washing and/or dry-cleaning machines | |
Mortuary establishments | One for each 75 square feet of usable floor space | |
Motel, hotel or other commercial lodging establishments | One for each one occupancy unit, plus one for each one employee | |
Motor vehicle sales and service establishments | One for each 300 square feet of usable floor space of sales room and one auto service stall in the service room | |
Planned commercial or shopping center | Five for each 1,000 feet of gross floor area | |
Retail stores, except as otherwise specified herein | One for each 150 square feet of usable floor space | |
Industrial | ||
Industrial or research establishments and related accessory offices | Five, plus one for every employee in the largest working shift. Space on site shall also be provided for all construction workers during periods of plant construction | |
Warehouse and wholesale establishments and related accessory offices | Five plus one for each one employee in the largest working shift, or one for every 1700 square feet of usable floor space, whichever is greater | |
Institutional | ||
Childcare centers and pre-schools | One for each 350 square feet of usable floor space | |
Churches | One for four seats or six feet of pews in the main unit of worship | |
Convalescent and assisted living | One for each five beds and one for each two employees and/or staff members | |
Hospitals | One for each two beds and one for each two employees and/or staff members | |
Private athletic or recreation clubs | One for each family and individual member or individuals plus spaces required for each accessory use, such as a restaurant or bar | |
Private clubs or lodge halls | One for each four persons allowed within the maximum occupancy load as established by the local, county or state fire, building or health codes | |
Schools | One for each teacher, employee or administrator in addition to the requirements of auditoriums and one for each ten students | |
Theaters and auditoriums | One for each four seats, plus one for each two employees | |
Offices | ||
Banks | One for each 200 square feet of usable floor space | |
Business offices or professional offices (except as indicated in the item below) | One for each 250 square feet of usable floor space | |
Professional offices of doctors, dentists or similar professions | One for each 75 square feet of usable floor area in waiting rooms, and one for each examining room, dental chair or similar use area. | |
Residential | Two per dwelling unit | |
(13) (a) Accessible parking spaces shall be provided in accordance with the current federal and state standards.
(b) At the time the Zoning Ordinance codified herein is adopted, the 2010 ADA Standards for Accessible Design provide this information.
(Ord. 18-108, passed 5-7-2018)
§ 153.195 OFF-STREET PARKING LAYOUT, STANDARDS, CONSTRUCTION AND MAINTENANCE.
All off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations.
(A) No parking lot shall be constructed unless and until a permit therefor is issued by the Code Enforcement Officer. Applications for a permit shall be submitted to the village in such form as may be determined by the Code Enforcement Officer and shall be accompanied with two sets of site plans for the development and construction of the parking lot showing in compliance with section. Before issuing a construction permit, Code Enforcement Officer may request Village Engineer to review the site plan for compliance with village ordinances.
(B) Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements.
Minimum Requirements for Off-Street Parking Facilities
| ||||
Maneuvering lane width | 12 feet | 12 feet | 15 feet | 20 feet |
Parking space length | 23 feet | 20 feet | 20 feet | 20 feet |
Parking space width | 8 feet | 8 feet, 6 inches | 8 feet, 6 inches | 9 feet |
Total width of one tier of spaces, plus maneuvering lane | 20 feet | 32 feet | 32 feet, six inches | 40 feet |
Total width of two tiers of spaces, plus maneuvering lane | 28 feet | 52 feet | 58 feet | 60 feet |
(Refer to Appendix A, Illustration 9 for diagrams of these requirements.) | ||||
(C) All spaces shall provide adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.
(D) (1) Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.
(2) Ingress and egress to a parking lot lying in areas zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
(E) All maneuvering lane widths shall permit one-way traffic movement, except that the pattern may permit two-way movement.
(F) Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from adjacent property located in any single-family residential district.
(G) (1) The portion of any off-street parking area which is contiguous to or faces a residential district shall be provided with a continuous and obscuring wall not less than four feet, six inches in height measured from the surface of the parking area.
(2) When a front yard setback is required, all land between said wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
(H) (1) The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the Village Engineer. The parking area shall be surfaced within six months of the date the certificate of compliance is issued.
(2) Off-street parking areas shall be drained to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.
(I) All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.
(J) In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line to permit a wider means of access to the parking area.
(K) The Zoning Board, upon application by the property owner of the off-street parking area may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.
(Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
§ 153.196 OFF-STREET LOADING AND UNLOADING.
(A) On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading to avoid undue interference with public use of dedicated rights-of-way.
(B) Such space shall be provided as follows:
(1) All spaces shall be provided as required in § 153.177 under minimum rear yards except as hereinafter provided for I districts.
(2)
Within an I district all spaces shall be laid out in the dimension of at least ten feet by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with an asphaltic or concrete surface. All spaces in I-1 and I-2 Districts shall be provided in the ratio of spaces to floor area as provided in the as follows:
Gross Floor Area (square feet) | Loading and Unloading Space Required |
0 to 1,400 | None |
1,401 to 20,000 | One space |
20,001 to 100,000 | One space, plus one space for each 20,000 square feet |
More than 100,000 | Five spaces |
(3) All loading and unloading in an I district shall be provided off-street in the rear yard or interior side yard and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least 50 feet.
(Ord. 18-108, passed 5-7-2018; Ord. 24-118, passed 10-21-2024) Penalty, see § 10.99
§ 153.197 USES NOT OTHERWISE INCLUDED WITHIN A SPECIFIC USE DISTRICT.
Because the uses hereinafter referred possess unique characteristics, these uses may be permitted by the Village Board under the conditions specified, after a Public Hearing before the Zoning Board, and after a recommendation has been received from the Zoning Board. In every case, the uses hereinafter referred to shall be specifically prohibited from any residential districts, unless otherwise specified.
(A) Outdoor theaters. Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I-2 Districts only. Outdoor theaters shall further be subject to the following conditions.
(1) The proposed internal design shall receive approval from the Code Enforcement Officer and the Village Engineer as to adequacy of drainage, lighting and other technical aspects.
(2) Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.
(3) All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4) The area shall be so laid out as to prevent the movie screen from being viewed from residential areas of adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.
(B) Towers and similar structures. Commercial television and radio towers, public utility microwaves and public utility television transmitting towers, cellular phone towers and electric generating windmills. Such facilities may be permitted in I-1 and I-2 Districts provided said use shall be located centrally on a continuous parcel of not less than one time the height of the tower measured from the base of said tower to all points on each property line.
(Ord. 18-108, passed 5-7-2018)
§ 153.198 PERFORMANCE STANDARDS.
No use otherwise allowed shall be permitted within any use district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within the area.
(A) Open storage. The open storage of any equipment, and all materials including wastes, shall be screened from abutting residential property by an enclosure consisting of an obscuring wall or fence not less than six feet high or by a ten-foot wide greenbelt planting not less than six feet high. The obscuring fence may be eliminated where such fence will interfere with traffic movement on public streets or thoroughfares.
(B) Glare and radioactive materials.
(1) Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to extend beyond the property line, and as not to create a public nuisance or hazard along lot lines.
(2) Radioactive materials and wastes, and including electromagnetic radiation such as x-ray machining operation, shall not be permitted to exceed quantities established as safe by the United States Bureau of Standards when measured at the property line.
(C) Noise. Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses.
(D) Fire and explosive hazards.
(1) The storage, utilization of manufacture of materials or products ranging from incombustible to moderate burning as determined by the Fire Chief of Tremont Fire District, is permitted, subject to compliance with all other performance standards above mentioned.
(2) The storage utilization, or manufacture of materials, goods or products ranging from free or active burning to intense burning, as determined by the Fire Chief, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and providing that the following conditions are met:
(a) The materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls, which meet the requirements of the building code of the village; and
(b) All such buildings or structures shall be set back at least 40 feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.
(E) Grading. Grading, as it relates to residential structures, shall be so developed as to drain surface water away from residential dwellings. A minimum slope of one-fourth inch in one foot shall be provided.
(Ord. 18-108, passed 5-7-2018)
§ 153.199 GREENBELTS AND PLANT MATERIALS.
(A) Whenever a greenbelt or planting screen is required under the provisions of this chapter, such greenbelt or planting screen shall be subject to the following conditions.
(1) The required greenbelt or planting screen shall be planted with permanent living plant materials within six months from the date of occupancy and shall thereafter be maintained in presentable condition and shall be kept free from refuse and debris; provided further that plant materials shall be continuously maintained in a sound, healthy and vigorous growing condition, and shall be kept free of plant diseases and insect pests.
(2) The selection, spacing and size of plant material shall be such as to create, within a five-year period from the date of planting, a horizontal obscuring effect for the entire length of the required greenbelt area, and a vertical obscuring effect of such height as is determined adequate by the Zoning Board for proper screening between land uses.
(3) The minimum horizontal dimensions of required greenbelt shall be as set forth under the provisions of this chapter for the respective land uses and districts indicated.
(4) In no instance shall the minimum dimensions of plant materials at initial planting be less than the following:
(a) Deciduous shrubs: two feet in height;
(b) Deciduous trees: 114 inches in caliper;
(c) Evergreen shrubs: two feet in height;
(d) Evergreen trees: four feet in height; and
(e) Where under the provisions of this chapter, an option is provided to the developer relative to the substitution of a greenbelt for a required wall or berm, the minimum starting height of plant materials in the greenbelt shall be equivalent to the required wall or berm height.
(B) (1) Whenever a greenbelt or planting screen is required under the provisions of this chapter, a site plan of the parcel to be developed, together with a detailed planting plan of the greenbelt, shall be submitted to the Zoning Board for approval prior to the issuance of a building permit. The site plan shall indicate, to scale, the proposed location and height of buildings and other structures, the location of public walks, roadways and utilities, and the proposed location of off-street parking, loading, service, and outside storage areas and points of ingress-egress to the site. The planting plan shall indicate, to scale, the locations, spacing, starting size and description for each unit of plant material proposed for use within the required greenbelt area, together with the finished grade elevations proposed therein.
(2) The Zoning Board shall review said planting plan relative to:
(a) The proper spacing, placement, and location of plant materials relative to the length and width of greenbelt so to ensure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved;
(b) The choice and selection of plant materials to ensure that root systems will not interfere with public utilities and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners;
(c) The proposed relationship between deciduous and evergreen plant materials to ensure that a maximum obscuring effect will be maintained throughout the various seasonal periods; and
(d) The size of plant material (both starting and ultimate) to ensure adequate maturity and optimum screening effect of proposed plant materials.
Suggested Plant Materials
| ||||
Evergreen Trees (5-foot minimum height) | Narrow Evergreens (3-foot minimum height) | Tree-Like Shrubs (4-foot minimum height) | Large Deciduous Shrubs (6-foot minimum height) | Large Deciduous Trees (8-foot minimum height) |
Suggested Plant Materials
| ||||
Evergreen Trees (5-foot minimum height) | Narrow Evergreens (3-foot minimum height) | Tree-Like Shrubs (4-foot minimum height) | Large Deciduous Shrubs (6-foot minimum height) | Large Deciduous Trees (8-foot minimum height) |
Douglas-Fir | Blue Columnar Chinese Juniper | Dogwood | Buckthorn | Beech |
Fir | Column Hinoki Cypress | Flowering Crab | Cotoneaster | Birch |
Hemlock | Columnar Giant Arbor-Vitae | Hawthorn | Euonymus | Ginkgo |
Juniper | Douglas Arbor-Vitae | Hornbeam | Forsythia | Hackberry |
Pine | Irish Yew | Magnolia | Hazelnut | Hard Maple |
Spruce | Pyramidal Red- Cedar | Mountain Ash | Honeysuckle | Honey locust |
Pyramidal White Pine | Redbud | Lilac | Hop Hornbeam | |
Swiss Stone Pine | Rose of Sharon | Mock-Orange | Linden | |
Russian Olive | Privet | Planetree (Sycamore) | ||
Sumac | Oak | |||
Viburnum | Sweet-Gum | |||
(Ord. 18-108, passed 5-7-2018)
Cross-reference:
Greenbelts Planting Screen Illustrations; Transition Details, See Appendix A, Illustration 10
§ 153.200 SIGNS.
(A) Purpose. The following regulations are provided to maintain the attractiveness and orderliness of the appearance of the village and to protect the public safety.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISING SIGN. Any sign, including the supporting structure, which directs attention to a business, service or activity not conducted upon the premises, or a product not offered or sold upon the premises where such a sign is located.
ATTACHED SIGN. A sign permanently affixed to the exterior surface of a building. No ATTACHED SIGN shall project further than 12 inches from the building.
BACK-TO-BACK SIGN. A structure with two parallel and directly opposite signs with their faces oriented to opposite directions. BACK-TO-BACK SIGNS may be separated by not more than one foot. A BACK-TO-BACK SIGN shall constitute one sign.
BUSINESS SIGN. A sign, including any supporting or framing structure, which directs attention to a business or profession conducted upon the premises or to a commodity, service or entertainment sold or offered upon the premises on which the sign is located.
CONSTRUCTION SIGN. A temporary sign used in connection with a definite construction site.
DIRECTIONAL SIGN. An on-premises sign giving directions, which may contain the name or logo of an establishment, but not contain any advertising copy.
FREE-STANDING SIGN. Any sign permanently erected on a free-standing framework supported and affixed by one or more uprights or braces in or upon the ground.
ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes.
PERPENDICULAR SIGN. Any sign that is mounted perpendicular to the face of the structure it is mounted on.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
POLITICAL SIGN. A temporary sign used in connection with a local, state or national election or referendum.
PORTABLE SIGN. Any sign not classified as an attached or free-standing sign.
SIGN AREA. The area encompassed within the shortest line drawn around the perimeter of the display and message including all letters and designs which are part of the sign; including border and trim, but excluding bases, aprons, supports and other structural members; whichever is greater. The total allowable sign area for a property includes the total of both business and advertising signs. The terms SIGN AREA and GROSS SIGN AREA are used interchangeably.
SPECIAL OCCASION SIGN. A temporary sign used in connection with a one-time uncommon, extraordinary event for purposes of honor or celebration, such as a birthday, anniversary or sporting achievement.
(C) General application of sign regulations; building permit required. No sign, outdoor advertising structure or display of any character shall be permitted, except in conformity with the following regulations. A building permit is required for erection, construction, placement or replacement of any sign to be permanently attached to a building, to be permanently erected as a free-standing sign, for any portable sign or for any temporary sign.
(D) General regulations for signs.
(1) No sign shall be of such brightness or shall flash, scintillate or move as to create hazardous or annoying glare. Time and temperature or message signs not otherwise prohibited under this regulation will be allowed; provided they do not create hazardous or annoying glare.
(2) No sign shall be so located as to materially impede or so illuminated as to interfere with the effectiveness of any traffic control device or obstruct a motorist’s view at any street or highway intersection.
(3) Signs used exclusively for the posting or displaying of official notices by a public agency or official or by a person giving legal notice, and signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional warning or informational purposes are not subject to the regulations of this chapter. Informational and directional signs (which may include a corporate identity symbol) are exempt from this regulation.
(4) No sign shall be pasted or painted directly on the surface of any wall or roof.
(5) No sign shall be permitted to be placed on a fence in any residential district (R-1, R-2 or R-3 Districts).
(6) No sign shall be permitted to be placed on a fence in any commercial or industrial district unless the fence meets the setback requirements for a sign in that zoning district.
(7) Permits are not required for temporary signs that announce a campaign drive or civic event. However, persons posting such signs are responsible for their removal within seven days after the termination of the event. Permits are also not required for temporary real estate signs, but such signs comply with the size requirements as prescribed in divisions (E)(3), (G), (H) and (H)(3).
(8) Signs indicating the time and place of meetings of civic organizations are permitted on the main entry roads into town; provided, only one sign structure is utilized to accommodate all the notices on each major entry road.
(9) Portable signs are allowable only under the following conditions:
(a) The sign area shall not exceed 32 square feet, and any one face shall not exceed 16 square feet;
(b) A portable sign shall not be illuminated;
(c) A portable sign may be located only in districts zoned B-1, B-2, I-1 and I-2;
(d) Only one portable sign per business location shall be allowed. The location where
the portable sign is displayed must be on the same lot where the business is located; and
(e) The height of a portable sign shall not exceed five feet.
(10) All signs shall be maintained in good and safe structural condition. The painted portions of signs shall be periodically repainted and kept in good condition. Illuminated signs shall be kept in proper working order.
(11) The general area near any sign on undeveloped property must be kept free and clear of sign materials, weeds, debris, trash and other refuse.
(12) Advertising signs shall not be established at any location having principal frontage on any street within 300 feet of any property which is used for public park, public school, church, city hall or public museum having principal frontage on the same street or within 300 feet of any residential zone abutting the business or industrial zone when such sign face would face into the residential zone.
(13) No outdoor advertising sign or part thereof shall be located on any property without the consent of the owner, holder, lessee, agent or trustee.
(14) Any sign which for 14 consecutive days has directed attention to a product, place, activity, person, institution or business which is no longer in operation or existence shall be deemed to be abandoned and shall be removed within 45 days of the expiration of said 14-day period. The person who erected the sign on the premises and the owner of said premises, if different, shall be jointly and severally responsible for the removal of said sign, including all structural supports, braces, poles and framework.
(15) Except where otherwise specifically stated herein, any sign in existence on the effective date of this chapter which does not comply with the provisions of this chapter may continue in existence as a matter of right and may be maintained and repaired pursuant to the provisions of this section. Replacement of the existing signs are permitted only if the sign remains the same in terms of size, height, placement, location and character.
(16) Directional signs are allowable, subject to the following conditions:
(a) No setback is required;
(b) They shall not exceed a height of four feet; and
(c) Six square feet per sign is allowed. The square footage is not to be included in computing the total general allowable sign area for the property.
(17) Political signs are allowed, subject to the following provisions:
(a) They may not be displayed prior to six months before the election which they refer to;
(b) They must be removed within seven days of the election they refer to;
(c) The maximum allowable size is four square feet in residential districts, and 32 square feet in commercial and industrial districts;
(d) No sign permit is required, but permission of the property owner must be obtained before placing the signs;
(e) They shall not be placed on any right-of-way, street, alley, sidewalk, driveway or other public way or property; and
(f) Signs may not be attached to any utility pole.
(18) Garage/yard sale signs are allowed, subject to the following provisions:
(a) They shall not be displayed more than 24 hours before the beginning of the posted sale time and must be removed within eight hours of the completion of the posted sale time;
(b) The maximum allowable size of the sign is four square feet;
(c) The sign shall not be attached to any utility pole; and
(d) No sign permit is required, but permission of the property owner must be obtained before placing the sign.
(19) Special occasion signs are allowed in residential districts (R-1, R-2 and R-3) only, subject to the following provisions:
(a) The sign shall not exceed a total of 32 square feet;
(b) The sign shall not be illuminated;
(c) No permit is required; and
(d) The sign shall not be in place for more than five days.
(20) Construction signs are allowed in all zoning districts.
(a) Temporary construction signs are not required to obtain a permit from the Zoning Enforcement Officer.
(b) The general contractor may display only one sign per construction site, unless an additional sign is deemed necessary by contractor to clarify delivery entrances.
1. The maximum allowable size of the sign is 12 square feet in area and may not exceed four and one-half feet in height.
2. The sign must be removed within four weeks of the completion of construction.
(c) Sub-contractors may display additional signs as follows:
1. Only one sign per construction site is allowed; and
2. The sign must be removed within one week after the completion of subcontractor’s portion of the construction.
(E) Sign regulations within residential districts. The following sign regulations shall pertain to all residential districts.
(1) Residential signs within residential districts shall be as follows.
(a) For single-family or two-family dwellings, for each dwelling, nameplates and identification signs indicating the name and address of the occupant are permitted, providing the sign area does not exceed two square feet.
(b) For multi-family dwellings, for each residential building, one identification sign indicating only the name and address of the building and the name of the management is permitted, providing the sign area does not exceed 16 square feet. The signs shall not be closer than eight feet to any other lot of record.
(c) A residential project having several buildings shall be permitted in addition to one additional sign with the name of the project only on each street. The sign area shall be no greater than 32 square feet and shall not exceed 16 square feet on one side. The signs may not be closer than 16 feet to any other lot of record.
(d) No attached sign shall exceed one story in height or 14 feet above the curb level, whichever is lower. No free-standing sign shall exceed seven feet in height.
(2) Non-residential signs within residential districts shall be as follows.
(a) For church bulletins, cemeteries, educational institutions, recreation and social facilities, and other similar uses, one identification sign with sign area not to exceed 60 square feet is permitted. No one face shall be greater than 30 square feet. The signs may not be closer than eight feet to any other lot of record.
(b) Illuminated signs in all R-1, R-2 and R-3 Residential Districts are prohibited, except for church bulletins and educational institutions. Illuminated time and temperature or automated language signs are prohibited in all residential districts.
(c) Nonconforming business uses may have exterior signs with sign area not to exceed 16 square feet with no more than eight square feet per side.
(d) Signs designating parking area entrances or exits are limited to one sign for each entrance or exit, with sign area not exceeding two square feet each. One sign shall be permitted per parking area designating the conditions of use or identity of the parking area and limited to a sign area of nine square feet.
(e) Temporary signs advertising the sale of agricultural products grown or produced on the property with sign area not exceeding eight square feet are permitted.
(f) No attached sign shall exceed one story in height or 14 feet above the curb level, whichever is lower. No free-standing sign shall exceed seven feet in height.
(3) Residential real estate signage shall be as follows.
(a) Temporary real estate signs are not required to obtain a permit from the Zoning Enforcement Officer.
(b) Temporary on-site real estate signs are to be displayed for the purpose of informing the public of the proposed sale or rental of real estate property.
(c) No more than one on-site sign shall be posted on each property for sale or rent, unless said property is a corner lot in which case two signs are allowed.
(d) One additional temporary off-site residential real estate sign may be posted within village limits and may be placed only with prior permission from the owner of property on which sign is placed. Off-site signs are allowed for real estate property sale only, with the sole intent to provide direction to the property that is for sale. Such signs are not to be placed within the State Route 9 right-of-way corridor.
(e) Special signage for a real estate open house showing is limited to two signs in addition to those listed in division (D) above and this division (E). No open house sign can be place more than two days prior to the open house and must be removed within 24 hours after the completion thereof.
(f) No sign allowed under divisions (E)(3)(a) and (E)(3)(b) above shall exceed four and one-half feet in height nor be placed within eight feet of another lot. Sign area shall not exceed seven square feet in area.
(g) No sign allowed under division (E)(3)(d) or (E)(3)(e) shall exceed four and one-half feet in height nor be placed within eight feet of another lot. Sign area shall not exceed three square feet.
(4) Advertising signs or structures are prohibited in any residential district except as outlined in this section.
(F) Sign regulations within office space districts. The following sign regulations shall pertain to office space districts: Sign uses permitted in the residential districts are permitted in the office space district. The regulations covering permitted signs within residential districts shall also apply to the Office Space District. No advertising signs are permitted in the OS-1 District.
(G) Sign regulations within business districts. The following sign regulations shall pertain to business districts.
(1) The regulations covering permitted signs within residential districts shall also apply in business districts.
(2) In B-1 Districts, business signs are permitted subject to the following conditions.
(a) The gross area in square feet of all signs attached to the wall of a building shall not exceed 15% of the wall area to which they are attached or of which they are a part. The gross area of all freestanding signs shall not exceed one square foot of area per each lineal foot of frontage on the lot of record.
(b) No sign shall exceed 20 feet in height and shall in no case extend above the roof line.
(c) Integrated retail and office buildings or complexes. For integrated retail and office building complexes with more than one building in single ownership or under unified control, one additional free-standing business sign other than those provided for in the B-1 District above shall be permitted subject to the following:
1. The signs shall indicate only the name and location of such center and the name and type of business of each occupant of the center;
2. The gross area of the additional sign shall not exceed one square foot per each lineal foot of frontage and, in no case, more than 150 square feet; and
3. Such additional free-standing sign shall not exceed 20 feet in height above the curb level.
(d) Perpendicular signs are permitted in the B-1 District subject to the following conditions:
1. Perpendicular signs are permitted only for business that do not meet the setback requirements for free-standing signs;
2. The sign must conform to the size requirements as listed for free-standing signs in this section; and
3. The bottom of the sign shall be no lower than ten feet above curb height.
(3) Business signs in B-2 District are permitted subject to the following conditions.
(a) The gross area in square feet of all attached signs shall not exceed 15% of the wall area to which they are attached or of which they are a part.
(b) The gross area in square feet of all freestanding business signs shall no exceed one square foot per each linear foot of frontage of the lot of record.
(c) No attached business sign shall exceed 20 feet in height nor extend above the roof line. No free-standing business sign shall exceed 30 feet in height above the curb line.
(d) Integrated retail and office buildings or complexes (OS-1) or integrated retail and office buildings or complexes with more than one building in single ownership or under unified control, one additional free-standing business sign, other than those provided for in B-2 District above, shall be permitted subject to the following:
1. Such signs shall advertise only the name and location of such center and the name and type of business of each occupant of the center.
2. The gross area of all signs shall not exceed one square foot per liner foot of frontage and in no case more than 300 square feet.
3. Such additional free- standing sign shall not exceed 20 feet in height above the curb level.
(4) Advertising signs in B-1 and B-2 Districts are prohibited (see advertising sign definition).
(5) There shall be no more than one “For Sale” or “For Rent” sign per lot of record, except that on a corner lot one sign shall be permitted on each street side. The sign area shall not exceed 32 square feet, nor shall the sign exceed seven feet in height.
(H) Sign regulations within industrial districts. The following sign regulations shall pertain to business and advertising signs within industrial districts.
(1) Business signs in I-1 and I-2 Districts are permitted subject to the following conditions.
(a) The gross area in square feet of all attached business signs shall not exceed 25% of the wall area to which they are attached or of which they are a part.
(b) The gross area in square feet for a freestanding business sign shall not exceed 150 square feet per sign face.
(c) No attached business sign shall extend above the roof line. No free-standing business sign shall project higher than 35 feet above the curb level.
(2) Advertising signs in the I-l and I-2 Industrial Districts are prohibited.
(3) There shall be no more than one “For Sale” or “For Rent” sign per lot of record, except that on a corner lot one sign shall be permitted on each street side. No sign area shall exceed 64 square feet, nor shall any sign exceed seven feet in height.
(I) Application of other law. The provisions of the Highway Advertising Control Act of 1971, as now in force or as may be amended from time to time, shall apply where applicable notwithstanding any of the provisions of this chapter.
(J) Severability clause. If any section, division, sentence, clause or phrase of this chapter or any part thereof, or application thereof to any person, firm, corporation, public agency or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. It is hereby declared to be the legislative intent of the Board of Trustees that this chapter would have been adopted had the unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not then been included.
(Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
§ 153.201 EXTERIOR LIGHTING.
(A) All outdoor lighting in all use districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.
(B) All outdoor lighting in all use districts shall be directed toward and confined to the ground areas of lawns or parking lots.
(C) All lighting in nonresidential districts used for the external illumination of buildings, to feature the buildings, shall be spaced and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.
(D) All illumination of signs and any other outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.
(Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
§ 153.202 RESIDENTIAL ENTRANCEWAY.
In all residential districts, so called entranceway structures including but not limited to walls, columns and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in § 153.203; provided that such entrance way structures shall comply to all codes of the village and shall be approved by the Zoning Board and a permit issued.
(Ord. 18-108, passed 5-7-2018)
§ 153.203 CORNER CLEARANCE.
No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.
Cross-reference:
Corner clearance illustration, see Appendix A, Illustration 11
(Ord. 18-108, passed 5-7-2018)
§ 153.204 WALLS.
(A) Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with front yard setback lines in abutting residential districts. Upon review of the site plan, the Zoning Board may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Zoning Board, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Zoning Board in reviewing such request.
(B) Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except such openings as may be approved by the Chief of Police and the Code Enforcement Officer. All walls herein required shall be constructed of materials approved by the Zoning Enforcement Officer to be durable, weather resistant, rust proof and easily maintained. Wood or wood products shall be specifically excluded.
(C) For property maintenance purposes, masonry walls may be constructed with gaps which do not in any section (height and width) exceed 20% of the wall surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Code Enforcement Officer.
(D) In consideration of requests to waive wall requirements between nonresidential and residential districts, the Village Board shall refer the request to the Zoning Board for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.
(1) In such cases as the Zoning Board determines the residential district to be a future nonresidential area, the Zoning Board may temporarily waive wall requirements for an initial period not to exceed 12 months.
(2) Granting of subsequent waivers shall be permitted, provided that the Zoning Board, shall decide as hereinabove described, for each subsequent waiver prior to the granting of such waiver by the Zoning Board.
(E) Required berms shall be constructed as landscaped earth mounds with a crest area at least four feet in width. The exterior face of the berm shall be constructed as an earthen slope. The interior face of the berm may be constructed as an earthen slope, or retained by means of a wall, terrace or other means acceptable to the Code Enforcement Officer. Whenever an earthen slope is provided, it shall be constructed with an incline not to exceed one foot of vertical rise to three feet of horizontal distance.
(1) Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The straw mulch is not required if the seeded slope is protected by a net that is specifically designed to control erosion. The berm area shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition.
(2) A planting and grading plan shall be prepared for the berm and shall be reviewed by the Zoning Board. Plant materials within the berm area shall be installed in accordance with the requirements for greenbelts and plant materials contained herein.
(Ord. 18-108, passed 5-7-2018)
Cross-reference:
Berms; illustration of transition details, see Appendix A, Illustration 13
Walls; illustration of transition details, see Appendix A, Illustration 12
§ 153.205 FENCES.
Fences are permitted, or required, subject to the following.
(A) Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard shall not exceed six feet in height, measured from the surface of the ground, and shall not extend forward beyond the front of the house or the required minimum front yard setback, whichever is greater. Fences are to follow the slope of the ground to prevent burrowing under the fence by small children or animals. On corner lots fences shall not extend beyond the minimum front yard setback on both the front and side yard facing the street.
(B) Recorded lots having lot area more than two acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts, are excluded from these regulations.
(C) Fences on all lots of record shall not contain electric current or charge of electricity and may not be any type of wire fence, including, but not limited to, barbed wire, livestock fence and chicken wire. Fences shall be properly installed with posts embedded in concrete foundations and fence material stretched tight between posts.
(D) Temporary seasonal fences limited to snow control and garden pest control are permitted without requiring a building permit. Temporary fencing intended to restrict access to and protect construction sites are allowed if a building permit is issued for the construction project.
(E) Fence framing and braces shall be on the inside of the fence enclosure so that the decorative, smooth or face-side of the fence faces the outside of the enclosure.
(F) Fences which enclose public or institutional parks, playground or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25% of their total area.
(G) Fences shall further comply with all applicable codes and ordinances of the village.
(H) No fence, wall, shrubbery or other obstruction to vision above a height of 30 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(I) Construction or installation of a new fence, or replacement of an existing fence, requires a building permit.
(Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
Cross-reference:
Residential fence setbacks, see Appendix A, Illustration 14
§ 153.206 SITE PLAN REVIEW (ALL DISTRICTS).
(A) Building additions or accessory buildings shall not require Zoning Board review unless off-street parking in addition to that already provided on the site is required.
(B) A site plan shall be submitted to the Zoning Board for approval of:
(1) Any use or development for which the submission of a site plan is required by any provision of this chapter;
(2) Any development, except single-family and two-family residential, for which off-street parking areas are provided as required in § 153.196;
(3) Any use in R-2, R-2a, R-3, B-1, B-2 I-1 or I-2 Districts lying contiguous to or across a street from a single-family residential district;
(4) Any use except single- or two-family residential, which lies contiguous to a major thoroughfare or collector street;
(5) All residentially related uses permitted in single-family districts such as, but not limited to, churches, schools and public facilities; and
(6) Building additions or accessory buildings shall not require Zoning Board review unless off-street parking in addition to that already provided on the site is required.
(C) The following information shall be included on the site plan:
(1) A scale of not less than one inch equals 50 feet if the subject property is less than three acres and one inch equals 100 feet if above three acres or more;
(2) Date, north point and scale;
(3) The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties;
(4) The location of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property;
(5) The location of all existing and proposed drives and parking areas;
(6) The location and right-of-way widths of all abutting streets and alleys; and
(7) The names and addresses of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.
(D) In the process of reviewing the site plan, the Zoning Board shall consider:
(1) The location and design of driveways providing vehicular ingress to and egress from the site in relation to streets giving access to the site, and in relation to pedestrian traffic;
(2) The traffic circulation features within the site and location of automobile parking areas and may make such requirements with respect to any matters as will assure:
(a) Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets; and
(b) Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
(3) The Zoning Board may further require landscaping, fences and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant; and
(4) In those instances wherein the Zoning Board finds that as excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the Zoning Board may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Zoning Board may recommend that money or suitable bond be placed in escrow with the village to provide for a marginal service drive equal in length to the frontage of the property involved. A certificate of compliance shall not be issued until the improvement is physically provided, or monies or suitable bond have been deposited with the Village Clerk for such improvement.
(Ord. 18-108, passed 5-7-2018)
§ 153.207 FRONTAGE ON A PUBLIC STREET.
No lot shall be used for any purpose permitted by this chapter unless the lot abuts a public street, unless otherwise provided for in this chapter.
(Ord. 88-104, passed 4-4-88; Ord. 18-108, passed 5-7-2018) Penalty, see § 10.99
§ 153.208 ACCESS TO MAJOR THOROUGHFARE/COLLECTOR STREET.
(A) For uses referring to this section, vehicular access shall be provided only to an existing or planned major thoroughfare, freeway service drive or collector street. Provided, however, that access driveways may be permitted to other than major thoroughfares, freeway service drives or collector streets where such access is provided to a street where the property directly across the street from such driveway and all property abutting such street between the driveway and the major thoroughfare, freeway service drive or collector street is zoned for multiple-family use of any nonresidential uses, is developed with permanent uses other than single-family residence or is an area which, in the opinion of the Zoning Board, will be used for other than single-family purposes in the future.
(B) This exception shall apply only if the Zoning Board finds that there are special circumstances which indicate that there will be a substantial improvement in traffic safety by reducing the number of driveways to a thoroughfare.
(Ord. 18-108, passed 5-7-2018)
§ 153.209 MAILBOXES AND NEWSPAPER RECEPTACLES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLUSTER BOX. Includes a grouping of mailboxes commonly described as CLUSTER BOXES, gang boxes, data distribution boxes or any other placement of mailboxes at a single location in groups of five or more.
MAILBOX. Any receptacle erected on private or village property used for the delivery of U.S. Postal Service mail.
NEWSPAPER RECEPTACLE. Any box tube, or other receptacle used for the purpose of receiving newspapers, advertising publications or other forms of printed matter.
NUISANCE. The term and the penalties prescribed therefore are as set forth in Chapter 97.
(B) Placement. Mailboxes may be placed, installed or maintained on private property only by the owner or tenant thereof, or upon village property only by the owner or tenant of contiguous property. No person shall place, install or maintain a mailbox on property owned by another or on property not contiguous to property owned by him or her or on which he or she is a tenant.
(C) Number. It shall be unlawful to place, install or maintain (i) more than a single mailbox on private property zoned "Residential R-1"; (ii) more than two mailboxes on private property zoned "Residential R-2"; and (iii) more than four mailboxes on private property zoned "Residential R-4."
(D) Cluster boxes on village property. No cluster box shall be placed, installed or maintained on village property.
(E) Cluster boxes on private property. No cluster box shall be placed, installed or maintained in the R-1, R-1a, R-2 and R-2a Districts. Cluster box installations are permitted in districts only if the owner thereof shall have first obtained a special use permit for such purpose.
(F) Newspaper receptacles. It shall be unlawful to place, install or maintain, either as a part of any mailbox or as a separate unit, any newspaper receptacle upon any village or private property within ten feet of any street or public right-of-way.
(G) Obstruction of streets and sidewalks. All mailbox installations must be installed such that they do not extend into the street and do not extend over a sidewalk. Post installations must be vertical, mailboxes must be horizontal and must remain stable. Any unstable installations must be promptly repaired, replaced or removed.
(H) Failure to remove: separate and recurring offense. It shall be unlawful and a violation of this section for any person to neglect, refuse or otherwise fail to remove any such mailbox which has been placed, installed or maintained in violation of this section. Each day such violation continues or is allowed to exist after notice thereof, shall be deemed a new and separate offense.
(I) Violation and penalty. A violation of the provisions contained in this section shall constitute a nuisance and shall be enforceable as set forth in Chapter 97.
(Ord. 23-113, passed 8-21-2023)
§ 153.210 SHORT-TERM RENTAL UNITS.
(A) Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the operation of short-term rental units within the corporate limits of the Village of Tremont. Such use shall comply with all regulations provided below.
(B) Permitted as special use. A short-term rental unit shall be permitted in the R-1 and R-2 zoning districts only upon approval by the Village Board after a hearing before the Zoning Board as set forth in § 153.267(B) of the Village Code.
(C) Defined. A SHORT-TERM RENTAL UNIT shall mean any structure or dwelling unit, or part thereof, that is rented with or without meals for compensation to transient guest(s) for a period less than 30 consecutive days. Bed and breakfast establishments are considered SHORT-TERM RENTAL UNITS. Boarding and renting of rooms are considered SHORT-TERM RENTAL UNITS.
(D) Application. Applications for approval of a special use permit for a short-term rental unit shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of an application fee in an amount determined by the Village Board, the legal description of the property proposed for the short-term rental unit, how many guests the applicant will allow in the short-term rental unit at any one time, and such other information as the village shall require. The application fee shall be paid in full at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. The fee shall be prorated per day for that portion of the year for which the special use permit is issued. Upon issuance of a special use permit, the excess amount paid over the prorated amount due shall be refunded.
(E) Minimum requirements.
(1) A short-term rental unit shall comply with the following minimum requirements:
(a) The applicant and all guests shall not violate any provision of the Village Code;
(b) The property shall have a driveway or a garage designed and suitable for parking at least two vehicles. Any and all vehicles parked at the short-term rental unit shall be parked on the driveway or in the garage. No vehicles shall be parked on any street or alley adjacent to the short-term rental unit. No vehicles shall be parked on the portion of the property designated as public right-of-way;
(c) The applicant shall file with the village the name, address, email address and phone number of the person responsible for the short-term rental unit;
(d) Maintain with the village a refundable deposit in an amount determined by the Village Board to secure compliance by the applicant, property owner, and all guests with the Village Code. If, at any time, the amount on deposit with the village is less than the minimum deposit, the applicant shall increase the deposit to the minimum deposit within ten days of notice to the applicant by mail at the address provided on the application. Upon revocation or non-renewal of the special use permit, the applicant will be entitled to a refund of the deposit less any fees or fines assessed to the applicant pursuant to this section or any other provision of the Village Code; and
(e) The applicant shall file an affidavit with the village affirming compliance with the Village Code as provided herein.
(2) The requirements set forth above are intended to be minimum requirements, and this section shall not be construed to prevent the village from imposing additional requirements for approval, nor shall it be construed to require the village to approve any short-term rental unit when all of the minimum requirements are met.
(F) Maximum number. The maximum number of special use permits that may be issued for a short-term rental unit shall be five.
(G) Duration and renewal. All special use permits issued pursuant to this section shall be for a term not to exceed one year, expiring on the fourth Tuesday of May of each year. All applications for the renewal of a special use permit issued under this section shall be made in writing. In addition to the application for renewal, the permittee shall submit an affidavit stating that the information and statements contained in the original application have not changed and that the short-term rental unit has been operated in accordance with all applicable laws, ordinances and regulations. Upon such affidavit being filed, the special use permit may be renewed without the filing of a full application. A renewal application fee in an amount determined by the Village Board shall be due at the time the application for renewal is submitted. The application fee shall be paid at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. No public hearing shall be required for renewal of a special use permit pursuant to this section. A special use permit issued under this section is a privilege and not a right, and is subject to non-renewal at the discretion of the village. The village shall not refuse to renew a special use permit issued under this section except after a public hearing held in the same manner as described in division (H) below.
(H) Suspension or revocation.
(1) A special use permit issued under this section shall permit the operation of a short-term rental unit only on the premises described in the application and special use permit and only under the conditions and restrictions imposed in this section and in the special use permit. Such special use permit shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such special use permit shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the permittee. A special use permit issued under this section is a privilege and not a right, and is subject to revocation and suspension as set forth herein.
(2) The village may revoke or suspend any special use permit upon a determination that the permittee has violated any of the provisions of this section, any other provision of the Village Code, or any other applicable law, ordinance or regulation. In addition to the suspension, the village may levy a fine on the permittee for such violations. The fine imposed shall not exceed $750 for each violation. Each day on which a violation continues shall constitute a separate violation. No special use permit shall be so revoked or suspended and no permittee shall be fined except after a public hearing before the village's Zoning Board with a three-day written notice to the permittee affording the permittee an opportunity to appear and defend. All such hearings shall be open to the public, and the village shall reduce all evidence to writing and shall maintain an official record of the proceedings. Any fine levied pursuant to this section may be deducted from the deposit described in division (E) above.
(3) If the village has reason to believe that any continued operation of a short-term rental unit will immediately threaten the welfare of the community, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the short-term rental unit closed for not more than seven days, giving the permittee an opportunity to be heard during that period.
(4) The village shall within five days after such hearing, if it determines after such hearing that the special use permit should be revoked or suspended or that the permittee should be fined, state the reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the special use permit has been revoked, and shall serve a copy of such order within the five days upon the permittee.
(Ord. 22-115, passed 10-3-2022)