Winthrop Harbor City Zoning Code

GENERAL PROVISIONS

§ 154.001 TITLE.

This chapter shall be known and may be cited and referred to as the "Winthrop Harbor Zoning Ordinance."

(Ord. passed 2-18-64)

§ 154.002 INTENT AND PURPOSE.

This zoning chapter, adopted pursuant to the provisions of ILCS Ch. 65, Act 5 §§ 11-13-1 through 11-13-19 of the Illinois Municipal Code as amended from time to time, is intended to serve the following purposes:

(A) To promote the public health, safety, morals, comfort, and general welfare;

(B) To conserve the values of property throughout the village and to protect the character and stability of residential, business, and industrial areas, and to promote the orderly and beneficial development of such areas;

(D) To lessen or avoid congestion in the public streets and highways;

(E) To lessen or avoid hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters;

(F) To regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, and other uses, and to regulate and restrict the intensity of such uses;

(G) To divide the entire village into districts of such number, shape, area, and of such different classes, according to the use of land and buildings, and the intensity of such use, as may be deemed best suited to carry out the purpose of this chapter;

(H) To prohibit uses, buildings, or structures incompatible with the character of such districts respectively; and

2001 S-10

(I) To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder.

(Ord. passed 2-18-64)

§ 154.003 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE OR USE. A structure or use that customarily:

(1) Is subordinate to and services a principal building or a principal use legally existing on the same zoning lot;

(2) Is subordinate in area, extent, and purpose to the principal building or principal use;

(3) Contributes to the comfort, convenience or necessity of the occupants, business, or industry of the principal structure or principal use served; and

(4) Is located on the same zoning lot as the principal structure or principal use served.

AGRICULTURE. The use of a tract of land of not less than five acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry (but expressly prohibiting the feeding of garbage to any animal or poultry), and necessary accessory uses; provided, however, such agricultural use shall not include wholesale or retail sales as an accessory use; the feeding (other than grazing in open pasture) or sheltering in penned enclosures of animals or poultry within 100 feet of any lot line; nor the maintenance and operation of commercial greenhouses or hydroponic farms.

APARTMENT. A room or suite of rooms in a building which is arranged or designed to be used as a single housekeeping unit.

AUTOMOBILE SALES. The use of a building or premises for the sales of new and used automobiles and other motor vehicles in operating condition, and the repair and storage of automobiles and other motor vehicles in operating condition as a use accessary and incidental to the use of said building or premises for sales at retail.

AUTOMOBILE SERVICE STATION. A building or other structure and surrounding land used for the storage and sale of gasoline and for accessory uses such as the sale of lubricants, accessories, or supplies, the incidental washing of motor vehicles, and the performing of minor repairs.

AUTOMOBILE STORAGE AND REPAIR. The repairing and servicing of automobiles and other motor vehicles in operating condition, including body work, painting, and motor rebuilding, and the storage of such vehicles in operating condition, but not including the storage of trucks that exceed ten tons in weight.

AUTOMOBILE WRECKING YARD. Any land, building, or structure used for the wrecking or storage of two or more motor vehicles not in running condition, or the parts thereof, stored in the open and not being restored to operating condition, or failing to display a current and valid vehicle tag of the village; or any tract of land, building, or structure used for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition, or abandonment of structures, automobiles, other vehicles, equipment, and machinery or parts thereof.

BUILDING. Any covered structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

BUILDING BULK REGULATIONS. Restrictions controlling the size of buildings or other structures and the relationship of buildings, structures, and uses to each other and to open areas and lot lines.

BULK REGULATIONS. Include restrictions controlling maximum height, maximum lot coverage, gross floor area of buildings in relation to lot area (floor area ratio) and minimum size of yards.

BUILDING, PRINCIPAL. A non-accessory building in which a principal use of the lot on which it is located is conducted.

COMMUNITY SANITARY SEWER AND WATER SYSTEM. Any system, other than septic tank or individual well, operated by a municipality or a public utility for the disposal of wastes and the furnishing of water, or either, to residential, industrial, and commercial users.

CONDOMINIUM PROPERTY. All land, property, and space on which is built one or more attached, individually owned single-family residences or units.

CONFORMING BUILDING OR STRUCTURE. A building, or other structure, which is designed or intended for a conforming use and which complies with all the regulations of this chapter governing use, lot size, building bulk, and off-street parking and loading for the zoning district in which such building or structure is located.

CORNER LOT. A lot which adjoins the point of intersection of two or more streets and in which the interior angle formed by the street lines is 135 degrees or less. If the street lines are curved, the angle shall be measured at the point of intersection of the extensions of the street lines in the directions which they take at the intersections of the street line with the side lot line and with the rear lot line of the lot. If the street line is curved at its point of intersection with the side lot line or rear lot line, the tangent to the curve at that point shall be considered the direction of the street line.

DRY-CLEANING AND LAUNDRY PICK-UP STATION. An establishment or business operated or maintained for the pick-up and delivery of dry cleaning and laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.

DOG KENNEL. Any structure or place where five or more dogs are boarded or bred for a fee and offered for sale.

DISTRICT. A portion of the territory of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

DRIVE-IN ESTABLISHMENT. An enterprise which accommodates the patrons’ automobiles and from which the occupants of the automobiles may make purchases, transact business, and view motion pictures.

DWELLING. A building, or portion thereof, but not a mobile home or house trailer, designed or used exclusively for residential occupancy.

DWELLING, DUPLEX. A residential building containing two attached dwelling units, as defined in this chapter.

DWELLING, MULTIPLE-FAMILY. A building containing two or more dwelling units, but not including a hotel or a motel as defined in this chapter.

DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.

FAMILY. Either an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or a group of not more than four persons, who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus, in either case, usual domestic servants.

FLOOR AREA.

(1) For the purpose of determining the floor area ratio, the FLOOR AREA of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include: the basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof); penthouses; attic space having headroom of 7 feet, 10 inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses. Space devoted to off-street parking or loading shall not be included in the floor area.

(2) The FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor.

(3) For the purpose of determining the number of required off-street parking spaces and loading berths, FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, which are devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks, or closets; any basement floor area devoted to retailing activities; and floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, FLOOR AREA shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (F.A.R.). The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or other structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the lot.

GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or other structure, except that with respect to walls parallel to and within five feet of a sidewalk, the average level of the finished surface of the ground shall be measured at the sidewalk.

GUEST HOUSE. A detached accessory building located on the same lot as the principal building containing rent-free living quarters for temporary guests.

GROUND SIGN. Any sign placed upon or supported by the ground independently of the main building or structure on the property. Signs attached to trees, light poles, or accessory buildings shall be considered GROUND SIGNS.

HEIGHT, MAXIMUM. A plane parallel to the ground at the height shown in the district regulations. No part of any building or structure shall project through such plane except chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks, and similar roof structures needed to operate and maintain the building on which they are located; or flagpoles, television aerials, water towers and tanks, steeples, monuments, cupolas, silos, and barns.

HOTEL OR MOTEL. A building, or portion thereof, or a group of buildings which contains sleeping accommodations for transients on a daily or weekly basis, whether such establishment is designated as a hotel, inn, automobile court, motel, motor hotel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise. No more than 25% of the total sleeping units of such building or group of buildings shall contain kitchen or eating facilities.

LAUNDERETTE. A self-service laundry in which washing machines, dry-cleaning machines, and clothes dryers are made available for operation by the customer.

LOT. A parcel of land that is designated by its owner or developer at the time of applying for a zoning certificate (or, if no zoning certificate is required, at the time of applying for an occupancy certificate) as a tract all of which is to be used, developed, or built upon as a unit under single ownership. So long as it satisfies the above requirements, such lot may consist of a single lot of record; or a portion of a lot of record; or a combination of complete lots of record and portions of lots of record, or of portions of lots of record only.

LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundary.

LOT LINE, FRONT. The boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line.

LOT LINE, REAR. The boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line.

LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds, or a parcel of land, the deed to which was recorded in the office of said Recorder prior to the adoption of this chapter.

LOT SIZE REQUIREMENTS. Restrictions controlling the minimum area

and minimum width of lots and the density of residential development in terms of dwelling units per acre.

LOT WIDTH. The mean horizontal distance between the side lot lines of a lot.

MAJOR STREET. A street that is so designated on the currently effective zoning map of the village.

MOBILE HOME. Any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids or rollers, or blocks, either self- propelled or propelled by any other means, which is used, or designed to be used, permanently or temporarily, for residential occupancy.

MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate and interstate shipment by motor truck.

NONCONFORMING BUILDING OR STRUCTURE. A building or structure which does not comply with the lot size requirements and building bulk regulations of this chapter.

NONCONFORMING USE. A use of land, buildings, or structures for a purpose or use which is not permitted by the regulations and restrictions applicable in the district in which the land, building, or structure is located.

NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of individuals.

OFF-STREET LOADING. An area or space that is accessible from a street, alley, or way, whether in a building or on a lot, that is set aside for the exclusive use of trucks or other vehicles while loading or unloading merchandise or materials.

OFF-STREET PARKING. An area or space, accessible from the street, alley, or way, whether in a building or on a lot, that is set aside for the exclusive use of the parking of automobiles and other vehicles.

PARTICULATE MATTER. Dust, smoke, or any other form of air-borne pollution in the form of minute separate particles.

SECONDARY STREET. A street that is so designated on the currently effective zoning map of the village.

SETBACK. The minimum horizontal distance between the front line of the building or structure and the front lot line.

SIGN. Any writing (including letters, words, or numerals); pictorial representation (including illustrations or decorations); emblem (including devices, symbols, or trademarks); flag (including banners or pennants); or any other figure of similar character, which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure; and is used to announce, advertise, or direct attention to an object, product, place, activity, person, institution, organization, or business; and is visible from outside a building. A sign shall include a writing, pictorial representation, or other figure of similar character within a building only when it is illuminated and located in a window.

SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign and which do not form an integral part of the display.

SPECIAL USE. A use which is either public or closely related to the public interest which may not be established until a special use permit has been secured in accordance with §§ 154.280 through 154.285.

STREET. A dedicated public or private right-of-way which affords a primary means of access to abutting property.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, or other structure, such as bearing walls or partitions, columns, beams, girders, or foundations, or any structural change in the floor.

TEEN DANCE CLUB. Includes any and all buildings and premises (other than single-family residential homes and apartments) where dancing by patrons is permitted or encouraged, and which limits entry or caters primarily to persons of less than 21 years of age, and which does not possess a valid liquor license. This includes such other similar businesses as may provide non-alcoholic beverages to a primarily teenage patronage, such as a “Soda Bar” or “Juice Bar”.”

TOXIC MATTER. Material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

TRAILER. A vehicle without motive power designed to be drawn by an automobile or other motor vehicle and to carry persons or property.

UNIFIED RESIDENTIAL DEVELOPMENT. A unified tract of land which contains, or will contain when developed, two or more dwellings, and which is developed under single ownership or control for sale or lease by separate parcels or dwelling unit.

USE. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

USE, PERMITTED. A use which may be lawfully established in a particular district.

USE, PRINCIPAL. The main or dominant use of land, a building or other structure as distinguished from a subordinate or accessory use.

VIBRATION. The periodic displacement, measured in inches, of earth.

YARD. Open space which is unoccupied or unobstructed from its lowest level to the sky, except for permitted obstructions listed in § 154.011.

YARD, FRONT. A yard extending along the full length of the front lot line and between the side lot lines.

YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines.

YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.

(Ord., passed 2-18-64; Am. Ord. 1998-O-7, passed 2-17-98; Am. Ord. 2018-O-14, passed 10-16-18)

§ 154.004 EXEMPTIONS.

Public utilities subject to regulation by the Illinois Commerce Commission, or by a federal agency, bureau, or commission, may locate their poles, towers, wires, cables, conduits, vaults, laterals, or other similar distributing equipment in any district without the necessity of complying with the provisions of this chapter.

(Ord., passed 2-18-64)

§ 154.005 INTERPRETATION.

(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

(B) Where the conditions imposed by any provision of this chapter upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive shall govern.

(C) This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(D) No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any matter that, said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use remains unlawful hereunder.

(E) Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property or to locate, construct or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity.

(F) The provisions of this chapter are cumulative and are additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in this chapter.

(Ord. passed 2-18-64)

§ 154.006 SCOPE OF REGULATIONS.

(A) The provisions of this chapter shall apply only to buildings, other structures, and land in the village.

(B) All buildings or other structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings or structures occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the districts in which such buildings, uses, or land shall be located.

(C) Where the Zoning Administrator has issued a zoning certificate pursuant to the provisions of this chapter, such certificate shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such certificate.

(D) A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.

(E) Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required in the district in which such lot is located shall be provided and maintained unless otherwise stipulated in this chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.

(F) No land which is located in a residence district shall be used for a driveway, walkway, or access purpose to any land which is located in any business or industrial district.

(Ord. passed 2-18-64)

§ 154.007 ANNEXED LAND.

All land which may hereafter be annexed to the village shall be automatically classified in the R-2 Residence District pending a public hearing by the Plan Commission and action by the Board of Trustees as provided in the case of amendments in §§ 154.290 through 154.296 hereof. Such public hearing shall be held within 60 days after the effective date of any such annexation and final action thereon shall be taken by the Village Board of Trustees within 30 days after the last adjournment of the said public hearings.

(Ord. passed 2-18-64)

§ 154.008 LOTS OF RECORD.

Any lot of record on the effective date of this section (February 18, 1964) which does not comply with the requirements of the district in which it is located may be used for any use permitted within the zoning district provided that all setback requirements, street frontages according to § 154.012 (Front Footage and Access to Lots) and building lines are complied with and that all remaining requirements of this section are compiled with, and that the owner of such lot did not, directly or indirectly, have legal title to or enjoy the beneficial interest in the lot or lots contiguous thereto on the effective date of this chapter.

(Ord. passed 2-18-64; Am. Ord. 2002-O-10, passed 3-19-02; Am. Ord. 2017-O-27, passed 11-5-17)

§ 154.009 NUMBER OF BUILDINGS ON A LOT.

Not more than one principal detached residential building shall be located on a lot, nor shall a principal detached residential building be located on the same lot with any other principal building. This section does not apply to unified residential developments on a single lot or tract that are developed pursuant to the provisions of §§ 154.150 through 154.153.

(Ord. passed 2-18-64)

§ 154.010 ACCESSORY BUILDINGS.

(A) Authorization. Except as otherwise expressly provided in this chapter, accessory uses and structures shall be allowed only in connection with any lawfully established principal use.

(B) General standards. All accessory uses shall comply with the following standards.

(1) Unless otherwise expressly stated, accessory uses and structures shall be located on the same zoning lot as a lawfully established principal use and cannot continue in the absence thereof unless lawfully converted to a permitted principal use. Notwithstanding the above, an underground improvement such as a septic system and/or well located on an abutting parcel under common ownership is allowed.

(2) No accessory structure or use shall be constructed or established on any lot prior to the issuance of a building permit for the principal structure or an occupancy permit for a principal use to which it is accessory.

(3) (a) Unless otherwise expressly stated, accessory structures and uses shall comply with all applicable regulations of this chapter, including lot coverage, height and setback regulations (see also division (C) below).

(b) No accessory use or structure shall cause any of these standards to be exceeded for the underlying zoning district.

(4) No accessory structure maybe located within four feet of any other structure except fences, any at-grade improvements, or any other structures that do not unreasonably impede access for emergency and/or maintenance purposes or otherwise create a fire or safety hazard.

(5) (a) Accessory uses and structures must be subordinate to the principal use and structure on the subject lot in terms of area, extent, and purpose.

(b) The total gross floor area of all accessory structures on a lot shall not exceed one and one-half times the total gross floor area of the principal structure on the lot.

(6) Signs shall be subject to Chapter 158.

(7) (a) No more than three accessory buildings associated with a principal residential use shall be located on a single parcel in a residential district.

(b) There shall be no limit on the number of accessory buildings that may be located on a parcel in a nonresidential zoning district or on a parcel in a residential zoning district containing a principal nonresidential use, provided that they comply with all other general accessory use standards of this section.

(8) A basement shall not be permitted in any accessory structure; however, a crawl space may be permitted. An attic shall be permitted in an accessory structure for storage purposes only.

(9) Uses prohibited as accessory uses:

(a) Recreational use of motorized vehicles as residential accessory uses;

(b) Temporary hoophouses, greenhouses, or other frame-designed structures not meeting applicable building codes;

(d) Donation drop-off containers.

(1) Height. The following height standards shall apply to accessory uses and accessory structures unless otherwise expressly stated. No accessory use or accessory structure in residential zoned areas for residential zoned uses shall be higher than the principal building to which it is accessory, and in no event shall an accessory structure or accessory use exceed a height of 18 feet. Refer to § 154.078(B)(7) for property located within the downtown zoning districts.

(2) Setbacks.

(a) Residential development. In residential zoning districts, accessory uses and structures shall meet the front setback requirement of the underlying zoning district. No accessory use or structure may be located within three feet of any side or rear property line.

(b) Nonresidential. In nonresidential zoning districts, accessory uses and structures shall meet all the setback requirements of the underlying zoning district.

(Ord. passed 2-18-64; Am. Ord. 1988-O-35, passed 9-20-88; Am. Ord. 2000-O-20, passed 11-21-00; Am. Ord. 2001-O-15, passed 5-15-01; Am. Ord. 2003-O-22, passed 8-5-03; Am. Ord. 2014-O-5, passed 3-18-14; Am. Ord. 2018-O-14, passed 10-16-18)

§ 154.011 PERMITTED OBSTRUCTIONS IN YARDS.

The following shall not be considered to be obstructions when located in the yards specified:

(A) In all yards. Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a lot from a street or alley; removable temporary handicap ramps intended to be used for 180 days or less provided that they meet accessibility and safety standards; chimneys projecting 18 inches or less into the yard; recreational and laundry-drying equipment, arbors, and trellises; flag poles; closed fences and walls not exceeding five feet in height above natural grade level. If any provision of this chapter requires a fence level with a minimum height in excess of five feet, then such fence shall be a permitted obstruction within the meaning of this section.

(B) In front yards. One-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.

(Ord. passed 2-18-64; Am. Ord. 2016-O-2, passed 1-5-16)

§ 154.012 FRONT FOOTAGE AND ACCESS TO LOTS.

All lots shall have a minimum frontage of not less than the minimum lot width required in each zoning district or the width of an existing lot of record along a street, road, or public way dedicated to, or approved by, the village and necessary by the County Highway Commissioner, Superintendent of Highways, and the Department of Transportation. Such lots shall also have direct access to any such public way. Private easements shall not be allowed as a sole means of access for any new principal use.

(Ord. passed 2-18-64; Am. Ord. 2017-O-27, passed 11-5-17)

§ 154.013 COVERED DECKS AND PORCHES.

(A) Definitions. For the purposes of this section only, the following words shall have the meanings set forth hereinbelow:

ENCLOSE. The physical act of installing a permanent roof and/or side walls as described hereinabove.

ENCLOSURE. A permanent roof and side walls consisting of wooden or masonry walls and permanently installed windows covering at least 30% of the perimeter of the area under the roof (exclusive of any wall on the existing structure).

(B) Foundation required. No deck or porch which is attached to a residence, garage or accessory building having, or which is required to have, a full foundation, shall be enclosed unless the deck or structure to which the enclosure is being constructed shall be supported by a trench foundation or footing and foundation wall extending below the frost level of not less than 42 inches.

(C) Notwithstanding any provision of the foregoing to the contrary, it shall not be unlawful to install a canopy or other removable roof over any deck, nor to install seasonal screens under a permanent roof, provided that the total amount of permanently installed side walls does not exceed the limits set forth in division (B) of this section.

(Ord. 2002-O-11, passed 3-19-02)