The following uses of land, buildings or structures are allowed in the districts indicated in this Article III and under the conditions specified in this Zoning Ordinance:
No building or lot shall be devoted to any use other than one which is specified as a permitted use or special use by the district regulations applicable to the district in which such building or land is located, as designated in Article IV.
However, where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this Zoning Ordinance, and where construction has been begun within six months of such effective date and is being prosecuted to completion said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions herein set forth in Article V.
(1)
No building or premises shall hereafter be used or occupied, and
no building or structure, or part thereof, shall hereafter be erected,
raised, moved, reconstructed, extended, enlarged or altered, except
in conformity with the regulations herein specified for the district
in which it is located.
(2)
All new buildings shall conform to the bulk regulations established
herein for the district in which each building is located. No existing
building shall be enlarged, reconstructed, structurally altered, converted
or relocated in such a manner as to conflict with the bulk regulations
of this Zoning Ordinance for the district in which such building shall
be located.
[Amended 12-3-2009 by Ord. No. 2009-2867A]
(1)
Accessory uses shall be permitted with all permitted and special
uses as allowed in the various zoning districts.
(2)
Accessory uses shall be compatible with the principal use and shall
not be established prior to the establishment of the principal use,
and shall not include the keeping, propagation, or culture of pigeons,
poultry or livestock, whether or not for profit.
(3)
Every tower, pole or antenna structure shall comply with the rear yard setback requirements of this Zoning Ordinance and as specifically set forth in Subsection 3.12 of this article.
(4)
Except as otherwise regulated herein, an accessory building hereafter
erected, altered, enlarged or moved on a lot shall conform with the
following:
a.
A detached accessory building shall not be nearer than 15 feet from
the nearest wall of the principal building, nor within 60 feet of
the front lot line.
b.
A detached accessory building or an accessory building when attached
to the principal building shall not be located in a front yard, interior
side yard or side yard abutting a street; except that an attached
garage may be located in a front or side yard provided that applicable
setback requirements are met.
c.
A detached accessory building or structure in a rear yard shall be
not less than three feet from a lot line, except:
i.
On corner lots: not less than five feet from a rear lot line
which adjoins a lot in a Residence District and not less than required
corner front yard abutting a street;
ii.
On through lots: not less than the distance required for a front
yard setback from the rear lot line abutting a street; and
iii.
An accessory building having vehicular access from an alley
not less than five feet from the lot line abutting the alley.
(5)
A detached accessory building or structure greater than 120 square
feet in area located in a rear yard shall not exceed one story or
17 feet in height, whichever is lower. An accessory building or structure
of 120 square feet or less in area located in the rear yard shall
not exceed 12 feet in height. Accessory buildings shall not occupy
more than 30% of a rear yard.
(6)
A building intended for an accessory use, when attached to or a part
of the principal building, shall be deemed a part of the principal
building with regard to all setback and other requirements hereunder.
If a building intended for an accessory use is attached to or made
part of the principal building, it must meet Building Code standards
for the principal building.
[Added 10-19-2022 by Ord.
No. 2022-3638]
(1)
Applicability of zoning regulations. Any improvement determined
to be a temporary structure is subject to the standards set forth
in this Section 3.08.1, and is exempt from the standards set forth
in Section 3.08 and Sections 4.11 through 4.15 of the Zoning Ordinance.
(2)
Temporary structures are subject to the following standards:
a.
No temporary structure or portion of a temporary structure may be located in a public right-of-way, with the exception of obstructions specifically permitted pursuant to Section 6-1-8 of the Village Code;
b.
On any zoning lot, a temporary structure can be installed not
more than six individual times per 365-day period, and not for a total
of more than 60 days per 365-day period;
c.
Uses or activities in conjunction with temporary structures
are subject to noise regulations found in Section 6.20(3) of the Zoning
Ordinance;
d.
A temporary structure used in conjunction with a certain use
or activity must be removed within three business days after the end
of that use or activity;
e.
On properties used primarily for single-family residential uses, townhome residential uses, or religious institutions, a temporary structure may obstruct off-street parking spaces otherwise required pursuant to Article VII of this Zoning Ordinance. On all other properties, no temporary structure may obstruct a required off-street parking space;
f.
Except as provided in Section 3.08.1(2)g of this Zoning Ordinance,
no temporary structure may be installed prior to receipt of written
approval from the Director of Community Development, which approval
may not be granted unless the temporary structure satisfies each of
the following standards:
i.
No portion of the temporary structure may impede parking access or capacity in a manner that is in violation of Article VII of the Zoning Ordinance;
ii.
The temporary structure may not, in the opinion of the Village
Fire Chief or Chief of Police, impede adequate emergency access to
the subject property or surrounding properties; and
iii.
The temporary structure must feature or be equipped
with fire extinguishers, paths of egress, or other fire safety provisions
and equipment, based on the use and design of the temporary structure,
as determined by the Village Fire Chief.
g.
No Village approval is required for temporary structures located
on a lot: 1) for which the primacy use is residential or a religious
institution; 2) located in the P Public Open Space-Recreation-Park
Zoning District; or 3) located in the S School Zoning District.
[1]
Editor’s Note: This section was originally adopted as
Section 3.09 but was renumbered as Section 3.08.1 because the Code
already contained Sections 3.09 through 3.13.
