(a)

Home occupation permit applications in all residence districts shall be reviewed by the Village Planner and shall be any business and/or occupation carried on by a member or members of the immediate family residing within the dwelling, within any residential district, whereby the following conditions must be met:

(1)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area, including cellars, basements, garages and accessory structures, shall be used in the conduct of the home occupation.

(2)

There shall be no signs, displays or activities that will indicate from the exterior that the dwelling and/or accessory structure is being used for any purpose other than that residing thereon.

(3)

No commodities shall be sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or U.S. letter carrier mail service. Deliveries by trucks licensed by the State as Types A, B, or C, or their out-of-state equivalent, will be allowed at a frequency not exceeding once a week.

(4)

No person other than members of the immediate family residing on the premises shall be employed or otherwise engaged in the conduct of the home occupation.

(5)

All activity, including storage, relating to or being part of the home occupation, shall take place within the dwelling and/or accessory structure.

(6)

No structural alterations or exterior construction features shall be added to the dwelling and/or accessory structure for the express purpose of accommodating such intended business use.

(7)

There shall be no perceptible noise, vibration, glare, smoke, fumes, odor or electrical interference emanating from the dwelling and/or accessory structure.

(8)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking of automobiles generated by the conduct of such home occupation shall be met off-street and other than in a required front yard.
(Ord. 343. Passed 1-25-77.)

(9)

An application shall be made for a home occupation permit, such application to be approved by the Village Manager or his or her designee. An application for such a permit shall be accompanied by a fee consistent with the fee schedule as adopted by the Board of Trustees. Such permit must be renewed on an annual basis.

(10)

To ensure compliance with this section, the Manager or his or her designee may inspect each approved home occupation. No permit will be issued until such time as an inspection is made and all applicable fees are paid.

(11)

A home occupation, as permitted in this section, shall comply with the performance standards set forth in Section 1252.06.
(Ord. 516. Passed 1-12-82.)

(b)

The only modification to the standards in subsection (a) hereof shall be those specified as special uses within the regulations of a residence district.
(Ord. 115. Passed 10-23-70.)

(c)

The Village's administrative decision may be appealed by the applicant to the Zoning Board of Appeals. The Board shall hold a public hearing on the appeal and make a final decision thereon. An application for such appeal must be filed with the Village Clerk within thirty (30) days of such administrative decision. Such application shall be accompanied by a fee consistent with the fee schedule as adopted by the Board of Trustees, such fee to be in addition to any other fee as may be required.
(Ord. 516. Passed 1-12-82.)

(a)

In order to perpetuate and encourage the reservations of substantial open land for recreation and similar activities, a procedure is hereby established to modify the bulk regulations of this Zoning Code applicable to planned developments which reserve areas for such purposes. The exceptions to the bulk regulations of this Code which are permitted shall be applied to planned developments in residence districts that provide permanent open space. To qualify for exemptions in bulk regulations, planned developments must:

(1)

Have a combination of permanent open space and usable open space of not less than twenty (20) percent of the gross area of the subdivision or planned development;

(2)

Be dedicated or otherwise conveyed to and accepted by either of the following:

A.

A public or quasi-public body approved by the Board of Trustees;

B.

An incorporated not-for-profit organization, responsible for the maintenance of the permanent open space in which each lot owner in the planned development automatically becomes a participating member, except where all dwelling units are intended for rental, in which case such dedication or other conveyance shall not be required; or

C.

Any other grantee required by the Board of Trustees;

(3)

Be perpetuated for their intended use by recorded covenants containing the following provisions:

A.

Building coverage shall not exceed five percent of the area of the permanent open space;

B.

The permanent open space will be maintained in good and satisfactory condition for its designated use;

C.

No profit making business activities shall be conducted on any part of the permanent open space; and

D.

No additional buildings or structures shall be built other than those shown on the original plat previously approved by the Board of Trustees without obtaining subsequent Board of Trustees approval.

(b)

The exceptions to the bulk regulations of this Code which are permitted to be applied to single-family detached dwelling planned developments when permanent open space is provided, are as follows:

(1)

Lot area. The required minimum lot area may be reduced by as much as fifteen (15) percent.

(2)

Lot width and yards. The required lot width and yard depths may be eliminated.

(c)

In the R4, 5, 6 and 7 multiple-family residence districts, the gross density may be increased by as much as twenty (20) percent and the permanent open space for recreation use shall be used to satisfy all or part of the usable open space requirement.

(d)

For giving additional permanent open space in excess of that required to qualify for bulk exceptions, the total number of dwelling units within a planned development may be increased from the number of dwelling units that would otherwise have been permitted, provided that:

(1)

The lot area for any single-family detached dwelling shall not be less than six thousand (6,000) square feet in area.

(2)

The lot area for dwelling units for any single-family attached or semidetached dwelling, or multiple-family detached dwelling shall not be reduced by more than twenty-five (25) percent.

(e)

Permanent open space shall be considered to be a part of the lot area in the application of floor area ratio requirements. The maximum floor area for any portion of a planned development shall represent the same proportion of the total floor area allowed in the planned development, as the lot area of such portion represents to the total area of the planned development.

(f)

Multiple-family dwelling units may be permitted in a single-family detached residence district in planned developments, providing the gross density does not exceed that permitted in planned developments within that district.
(Ord. 115. Passed 10-23-70; Ord. 157. Passed 4-7-72.)

Any residence district height limitation may be varied as part of an approved planned development.
(Ord. 157. Passed 4-7-72.)

(a)

In all residence districts there shall be provided and perpetuated on every lot, used in whole or in part for dwelling purposes, minimum usable open space as follows:

(1)

For single-family detached, single-family attached and single-family semidetached dwellings, the area of the required yards, except that when more than thirty (30) percent of the required yards are occupied by paved off-street parking spaces and access drives, there shall be within the lot additional usable open space having area equal to at least the area by which such uses exceed thirty (30) percent yard coverage.

(2)

For multiple-family dwellings in buildings three (3) stories or less in height, the same as set forth in subparagraph (a) (1) hereof, provided the usable open space shall not be less than two hundred fifty (250) square feet of area per dwelling unit, plus one hundred (100) square feet of additional area for each additional bedroom over two (2) in a dwelling unit.

(3)

For multiple-family dwellings in buildings over three (3) stories in height, the same as set forth in subparagraph (a) (1) hereof, provided the usable open space shall not be less than one hundred fifty (150) square feet per dwelling unit, plus one hundred (100) square feet additional area for each additional bedroom over one (1) in a dwelling unit.

(b)

Where any required off-street parking spaces are located in a principal building directly below the dwelling units, the square feet of floor area occupied by such interior off-street parking spaces and access aisles may be added to the square feet contained in the lot, the sum of which would represent the lot area used for determining lot area per dwelling and floor area ratio requirements.
(Ord. 157. Passed 4-7-72.)

The parking of trucks within the Municipal Limits of the Village is strictly controlled and limited by the provisions of Section 440-11.

(Ord. 157. Passed 4-7-72; Ord. 879. Passed 10-22-91.)

(a)

All portions of property not covered by buildings or paved surfaces shall be landscaped in accordance with a landscaping plan approved by the Village. A landscaping plan shall consist of:

(1)

A plan or drawing showing the established grades on the subject site, site drainage, the location of the proposed plantings and other landscaping installations and generally describing each plant ground cover, or other installation proposed to be installed at the subject site;

(2)

A listing and identification of all shrubs, trees, or other plants to be installed by type, or species, age and size; and

(3)

A listing of all non-living ground cover and other landscape materials or fixtures to be installed as part of the landscaping plan, for example, crushed rock, stone, boulders, gravel, landscape timbers, landscape blocks or low-voltage illumination.

(b)

The grading plan shall be subject to the approval of the Village's consulting engineer and shall be coordinated with the landscaping plan in such a way as to prevent erosion and silting. Driveways, sidewalks and other impervious surfaces shall constitute not more than thirty-five (35) percent of the front yard of the subject site.

(c)

No vegetable garden or any vegetation or edible root or tuber that is normally grown for human consumption shall be grown or cultivated in a front yard.

(d)

Sod only shall be used to establish the initial lawn for all newly constructed residences; grass seed or hydro seeding shall not be used.

(e)

A subdivision landscape plan shall minimize monotony by varying layout and plantings among lots.

(Ord. 516. Passed 1-12-82; Ord. 1572. Passed 8-22-06.)

(1)

Purpose. The purpose of this Section 1236-07 is to preserve the quiet, noncommercial character of residence districts in the Village of University Park by prohibiting the operation of lodging houses in residence districts, by maintaining the habitability of dwellings through reasonable limits on use and occupancy, and by providing a specific remedy for use and occupancy violations occurring in residence districts.

(2)

Definitions. As used in this part:

Administrative Authority means the Village Manager or his/her designee, including the Division of Code Enforcement.

Building means a covered structure, designed or built for the enclosure, shelter or protection of persons, animals, chattels or personal property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by a party wall then such portion shall be deemed to be a separate building.

Dwelling unit means at least three (3) separate, permanently established rooms within a building which are arranged so as to provide complete, independent living facilities for one (1) or more persons and otherwise complying with the habitable space requirements of the B.O.C.A. National Building code, as amended from time to time. A dwelling unit shall have permanent provisions for living, sleeping, eating, cooking and sanitation and shall be designed, constructed, arranged and used so that no two (2) of the following functions of living must be performed in the same room:

(i)

Function 1: Food preparation, including cooking, food storage and utensil cleaning.

(ii)

Function 2: Living, including lounging and sleeping.

(iii)

Function 3: Personal hygiene, including bathing, showering and water closet.

Enforcement by the Administrative Authority. The Administrative Authority, acting through the Division of Code Enforcement, shall investigate all purported violations of this Section 1236-07, and where appropriate, the Division of Code Enforcement shall institute administrative or judicial proceedings to prosecute and remedy such violations.

In the event that the Administrative Authority has reason to believe that the limitations on use and occupancy of dwelling units and buildings established by the Codified Ordinances of the Village of University Park are being violated, the Administrative Authority may, in lieu of immediately initiating an administrative or judicial complaint, request the owner, tenant or other person in possession or control of the subject premises to complete specific interrogatories relating to such use and occupancy on a form provided by the Administrative Authority. The interrogatories shall require a signature under oath by the person answering, and shall invoke penalties of perjury where false or misleading information is provided.

In the event the owner, tenant or other person in possession or control of the subject premises fails or refuses to answer the interrogatories within ten (10) days, or in the event the interrogatories are answered in a false, misleading or incomplete fashion, the Administrative Authority shall institute appropriate administrative or judicial proceedings based upon such information as is available to enforce this Section 1236-07. In the event the subsequent administrative or judicial proceedings disclose that the interrogatories were answered falsely, the Administrative Authority may initiate a complaint for perjury or false oath against the person or persons responsible.

Family means either:

(1)

One (1) person or more, if related by blood, marriage or legal adoption, living together as a single housekeeping unit; or

(2)

A group of not more than three (3) individuals not so related, maintaining a common household.

A family as defined in paragraph (i), may include, in addition to those persons indicated, not more than two (2) roomers, boarders or permanent guests, whether or not gratuitous.

Lodging house means a building or portion thereof originally designed for an used as a single- or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family (as defined above) and who are provided with lodging in return for compensation to the keeper.

Lodging room means a room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one (1) lodging room.

Penalty for violation.

a.

Whenever any condition constituting an illegal use or occupancy exists or is found to exist on private property within the Village, the Village may, in addition to other remedies, institute any appropriate action or proceeding to revoke a certificate of occupancy or to remove or cause the removal of those persons or conditions creating an illegal use or occupancy.

b.

Whoever violates or fails to comply with any provisions of this Section 1236-07 shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each such offense. Each day a violation is found to exist shall constitute a separate offense.

Use and occupancy of dwelling units limited.

a.

Except as otherwise provided in this Planning and Zoning Code permitting home occupations and providing for special uses by permit only if specific standards are met, a dwelling unit located in a residence district of the Village shall be used only for habitation by one (1) family.

b.

The operation of a lodging house is prohibited in any residence district of the Village.

c.

No owner, tenant or other person in possession or control of a dwelling unit shall permit occupancy of such dwelling unit to exceed the occupant-to-floor area ratios established by the B.O.C.A. National Building Code, as amended from time to time.

Violation of Zoning Code. It shall be a violation of this Zoning Code for any owner, tenant or other person in possession or control of a building or dwelling unit within the Village, to use, occupy or permit use and occupancy of such building or dwelling unit except in accordance with the Codified Ordinances of the Village.

(Ord. 989. Passed 6-14-94.)