The Village Administrator or his/her designee, in reviewing building permits, may grant modifications to the terms of this chapter as provided herein.

The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

(1)

Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues, and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures, such as elevator penthouses, grain elevators, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, and smoke stacks, are exempt from the height limitations of this chapter.

(3)

Essential services, utilities, water towers, and electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures, such as radio and television transmission and relay towers, and observation towers, shall not exceed in height three (3) times their distance from the nearest lot line. Radio and television receiving antennas shall not exceed in height above grade three (3) times their distance from the nearest lot line and shall be shielded and/or filtered to prevent the emission and/or reflection of electromagnetic radiation that would interfere with radio and television reception on adjacent properties.

The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stairs, landings, and fire escapes may project into any yard but shall not exceed six (6) feet nor be closer than three (3) feet to any lot line.

(2)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, and ornaments, may project into any required yard, but such projection shall not exceed two (2) feet.

(3)

Residential fences, walls, and hedges are permitted adjacent to the lot line in the side and rear yards of residential districts, but shall not exceed a height of four (4) feet in the side yard and six (6) feet in the rear yard, and shall not extend into the street yard. No fence shall be located closer than two (2) feet to any alley line.

(4)

Ornamental fences, as defined in Section 98-362 of this chapter, are permitted adjacent to the lot line in any district, but shall not exceed a height of three (3) feet when located in the street yard in a residential district. Ornamental fences shall comply with the traffic visibility requirements set forth in Section 98-91 of this chapter.

(5)

Security fences are permitted adjacent to the property lines in all districts except residential districts, but shall not exceed ten (10) feet in height and shall be "open fences" as defined in Section 98-362 of this chapter when located in the street yard. Security fences shall comply with the traffic visibility requirements set forth in Section 98-91 of this chapter.

(6)

Accessory uses and detached accessory structures, such as garages, garden or utility sheds, are permitted upon issuance of a permit and may be placed or erected in the rear yard provided that no single accessory structure or combination of structures in a single-family or two-family residential district shall exceed 750 square feet in area or shall not occupy more than 33 percent of the rear yard which ever is less; no structure shall be closer than ten (10) feet to the principal structure, no accessory structure shall exceed 15 feet in height, and no accessory structure shall be located closer than three (3) feet to any lot line.

(7)

Accessory structures and vegetation may be placed in the required street yard and side yards if, and only if, used for landscaping, rainwater harvesting, rain gardens, and/or decorating. Permitted structures and vegetation include rain barrels with a capacity of 100 gallons or less, rain gardens, flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs, and flowers. Structures and vegetation shall comply with the traffic visibility requirements set forth in Section 98-91 of this chapter.

(8)

Firewood storage is permitted in any single-family or two-family residential district provided that the firewood is for the personal use of the occupant of the premise; that the occupancy has an approved installed solid fuel burning appliance; that no more than one (1) cord of firewood is stored; that firewood is not stacked higher than four (4) feet; that firewood stacks are raised at least six (6) inches off the ground; and that firewood is stacked not closer than three (3) feet to any lot line. Firewood storage in excess of one (1) cord shall be permitted only after the issuance of a conditional use permit pursuant to the provisions of Section 98-256 of this chapter.

(9)

Satellite dish antennas are permitted upon the issuance of a permit in any district in the rear yard, on the roof of the principal structure, or on the roof of an accessory garage. Satellite dish antennas located in the rear yard may be placed not closer than three (3) feet from any lot line or five (5) feet to an alley line provided that the antenna and its component parts do not exceed 15 feet in height. Satellite dish antennas located on the roof of the principal structure or on the roof of an accessory garage shall comply with the height limitations set forth for radio and television receiving antennas in Section 98-122(4) of this chapter. Satellite dish antennas shall be constructed and anchored in such a manner to withstand winds of 80 miles per hour, shall be constructed of noncombustible and corrosive-resistant materials, and should be shielded and/or filtered to prevent the emission and/or reflection of electro magnetic radiation that would interfere with radio and television reception on adjacent properties. There shall be not more than one (1) satellite dish antenna on any residential property. No advertising shall be displayed on a satellite dish antenna except for a nameplate, not to exceed one (1) square foot in area displaying the name and address of the manufacturer, distributor, and/or retailer.

(10)

Private swimming pools are permitted in the rear yard in any district only upon the issuance of a permit and provided that:

a.

All in-ground swimming pools shall be surrounded by a fence not less than four (4) feet nor more than six (6) feet in height to prevent unguarded entry to the pool;

b.

All above-ground swimming pools shall be surrounded by a fence or otherwise protected to prevent unguarded entry to the pool;

c.

Access to swimming pools shall be controlled. Access to in-ground swimming pools shall be controlled by a self-latching gate with the latch on top of the gate and all such gates shall be kept securely closed and locked at all times when the owner is not present at the pool. For an above-ground swimming pool, a tip-up ladder may be provided in lieu of a gate;

d.

Swimming pools shall not be constructed directly under or over electric transmission lines. All electrical connections to a swimming pool shall be properly grounded so that no electrical current can be discharged into any part of the swimming pool or the surrounding fence;

e.

No water drained from a swimming pool shall be discharged onto adjacent properties without written consent of the owner, or onto or into any onsite private sewage system, or directly into a navigable body of water;

f.

No lighting installed around swimming pools shall throw any rays onto adjacent properties; and

g.

No private swimming pool shall be located closer than six (6) feet to either a lot line or to a neighboring structure, whichever distance is greater.

(11)

Private tennis courts are permitted upon the issuance of a permit in the rear yard in any district, provided that:

a.

All tennis courts shall be surrounded by a fence not less than ten (10) feet in height;

b.

No lighting installed around a tennis court shall throw rays onto adjacent properties; and

c.

No private tennis court shall be located closer than six (6) feet to a lot line.

(12)

Essential services, utilities, and electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(Ord. No. 02-O-22, 6-20-2022)

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

The required street yard, or setback, may be decreased in any residential district to the average of the existing street yards of the abutting structures on each side, but shall in no case be less than 15 feet.

Structures shall provide a front yard setback as required by this chapter on the street that the structure faces as established by the zoning ordinance. A second front yard setback shall be provided on the side of the structure abutting a public or private street. The second front yard setback shall be 15 feet or the same setback as required in that local district, whichever is less.

Lots abutting two (2) opposite streets shall provide the front yard setback required by the district in which the lot is located from each street upon which the lot abuts.

A vacant lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 30 feet wide and 3,600 square feet in area, may be used as a single-family or two-family building site provided that the use proposed is permitted in the zoning district, and provided that the vacant lot is of record in the county register of deeds office prior to the effective date of this chapter.

Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter and all reasonable conditions required by the Village Administrator or his/her designee. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the board of appeals. A variance shall not be granted if the lot at any time was conveyed to another owner where the common ownership of adjoining lots existed unless a variance was granted for the conveyance.

Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards set forth in Section 98-181 of this chapter.