The restrictions of the Zoning Ordinance with respect to the location of trades and industries, the use and occupancy of buildings and the areas of yards and other open spaces, etc., shall not be deemed to be modified by any provision of this article, and such restrictions shall be controlling, except insofar as this article imposes greater restrictions by reason of the type of construction used, in which case the provisions of this article shall control.
A. 
Fire district limits established. The fire district limits are hereby established to include all districts designated by the Zoning Ordinance as Business AA, Business A, Business B, Marine Residence, Marine Business, Marine Industries, Manufacturing, Industrial and Industrial B as are now in effect or as same may be amended hereafter.[1]
[1]
Editor's Note: See Ch. 210, Zoning.
B. 
Limitations within fire districts.
(1) 
Except as hereinafter provided in this section, the construction of frame structures of wood or other combustible materials is forbidden.
(2) 
When, as hereinafter provided in this section, frame structures of wood or other combustible materials are permitted, their side walls shall be distant at least five feet from the lot lines, except that when under the provisions of this article their exterior walls may be located less than five feet from the lot lines, all such walls shall be built of approved masonry or masonry veneered or spaces between studs shall be solidly filled with incombustible materials in accordance with rules promulgated by the Superintendent of Buildings.
(3) 
Hereafter, all roofs of any structure shall be covered with incombustible materials.
(4) 
The combined area of frame buildings, sheds and outhouses located on any plot shall not exceed 80% of the area of that part of the lot or plot which is not already covered by structures of Class 1, 2, and 3 construction.
(5) 
All buildings used for the storage of turpentine, gasoline, benzine, naphtha or other inflammable volatile liquids of like character shall have solid masonry walls.
(6) 
The construction or erection of metal structures, Class 5 construction, having an area greater than 700 square feet will be permitted in industrial districts only.
(7) 
No structure or frame construction within the fire district not legally in use for public, recreational, commercial or business purposes on the effective date of this code shall hereafter be altered, changed or converted to such use, except as hereinafter provided in this section.
C. 
Alterations within fire districts.
(1) 
Alterations to existing structures. Within a fire district, no existing building shall hereafter be increased in height unless it is of the type of construction permitted for new buildings within such fire district or is altered to comply with the requirements for such type of construction, nor shall any existing building be hereafter extended on any site unless such extensions are of the type of construction permitted for new buildings within the fire district.
(2) 
Alterations to existing wood frame dwellings. No commercial, recreational, public or business building or structure shall be erected within the fire district as an addition to or in physical connection with a frame structure unless such structure, prior to the effective date of this code, shall have been used as a commercial, recreational, public or business building. The space between such commercial, recreational, public or business building and such frame structure shall be not less than five feet if such frame structure does not conform to § 86-15B(7).
D. 
Frame construction within fire limits. Nothing in this section shall prohibit, within the fire limits and subject to the specific limitations, the erection of new structures or the extension or enlargement of existing structures of frame or unprotected metal construction as follows:
(1) 
Garages and stables. One-story stables or garages on the same plot with a one- or two-family residence structure, provided that they are 750 square feet or less in area and 15 feet or less in height and that their exterior walls are distant at least five feet from the lot lines, except that their exterior walls may be located less than five feet from the lot lines if built of approved masonry or masonry veneered or spaces between studs are solidly filled with approved masonry materials in accordance with rules of the Superintendent of Buildings.
(2) 
Accessory buildings, An accessory building not more than 10 feet in height nor more than 100 square feet in area, provided that the sides along or within five feet of the lot lines are covered with incombustible material.
(3) 
Outbuildings. Outbuildings for domestic purposes not more than 10 feet in height nor more than 100 square feet in area, provided that the sides along or within five feet of the lot lines are covered with incombustible material.
(4) 
Greenhouses. Greenhouses not more than 15 feet in height, erected on the same lot and accessory to a dwelling or a store.
(5) 
Boathouses. Boathouses located along the waterfront not more than two stories or 25 feet in height nor more than 900 square feet in area, provided that their side walls shall be distant at least five feet from the lot lines.
(6) 
Business buildings.
(a) 
In business, manufacturing and industrial districts fronting on navigable waters, a frame structure may be erected to be used for business purposes, other than garages, motor vehicle repair shops or gasoline service stations, only upon approval of the Village Board. Permission for such structures is to be granted or withheld by the Board upon a consideration of the fire hazards involved due to the proximity of other structures, the area of the plot, traffic conditions of contiguous streets, the area and height of the proposed structure and the relation of such factors to the convenience, safety and welfare of the public.
(b) 
No structure for which permission is granted hereunder shall exceed two stories in height or 2,500 square feet in area nor shall it cover more than 80% of the width of the plot upon which it is erected nor shall it be closer than five feet to the lot line on either side.
(7) 
Recreational use buildings. On property within business, manufacturing and industrial districts fronting on navigable water, a frame structure, other than one of those previously described, may, if approved by the Village Board, be erected, provided that the conditions hereinafter prescribed are met:
(a) 
It shall not be used for commercial, manufacturing or industrial purposes.
(b) 
It shall not be used as a place of assembly.
(c) 
It shall be a structure of not more than 40 feet or three stories and a basement in height and of not more than 5,500 square feet in area and occupied by a club, association or other social or nonprofit recreational use structure having no sleeping rooms, except those in the living quarters of the resident custodian and his immediate family and except sleeping rooms for not more than four employees, but sleeping rooms in no case shall be located above the second story.
(d) 
It shall have no wall or other part of the structure located within 30 feet of the nearest boundary line of the plot on which it is erected, and there shall be no other structure between it and the nearest boundary line unless such other structure is at least 30 feet distant from the subject structure.
(e) 
On property within business, manufacturing and industrial districts fronting on navigable water, a frame structure for purposes other than as provided in § 86-15D(6) hereof may be erected if approval therefor be granted by the Village Board. The Board shall base its determination for granting or withholding approval upon consideration of the fire hazards involved due to the proximity of other structures, the traffic conditions on contiguous streets, the area of the plot, the area and height of the proposed structure and the relation of such factors to the convenience, safety and welfare of the public, and further provided that:
[1] 
If designed for occupancy by a membership club or association, such structure shall be limited in height to 25 feet and a maximum of two stories. Such clubhouse shall contain no sleeping rooms, except those in the living space assigned for the sole use of the custodian and his immediate family and elsewhere for a maximum of no more than four actual employees of the club or association.
[2] 
If designed for public assemblies, the place of public assembly shall be confined to the ground floor.
[3] 
No structure for which permission is granted hereunder shall have any wall or other part thereof located within 20 feet of the nearest lot line of the plot on which it is to be erected, nor shall there be any other frame structure between such structure and the nearest lot line of such plot unless that other frame structure is distant by at least 20 feet from the subject frame structure.
(8) 
Storage sheds. Sheds for the storage of materials not more than 18 feet in height nor more than 2,500 square feet in area, provided that the sides and roofs are covered with incombustible material, and provided further than when used for the storage of combustible materials. their side walls shall be distant at least 15 feet from the lot lines or any other such structure. In other cases, the shed shall be located at least five feet from the nearest lot line and 10 feet from any other such structure.
(9) 
Storm enclosures. Storm enclosures not more than 12 feet high nor more than four feet wider than the doors they serve and located entirely within the established building lines.
(10) 
Piazzas or balconies. Piazzas or balconies on dwellings not exceeding 10 feet in width nor extending more than three feet above the second story floor beams, provided that no such structure shall extend to within five feet of a lot line.
(11) 
Wood fences. Fences of wood not exceeding 10 feet in height.
(12) 
Temporary structures. If approved by the Village Board, structures intended to serve their purposes temporarily, such as reviewing stands for special occasions gospel tabernacles, circus tents and fair buildings, under such conditions as may be prescribed by the Superintendent of Buildings for safety as to construction, egress and sanitation and on condition that such structure shall be promptly removed at the expiration of the period for which permission is granted.
(13) 
Builders' shanties. Builders' shanties not more than one story in height, for use only in connection with the duly authorized building operation and located on the same lot with such building operation or on a lot immediately adjoining or such other location as may be approved by the Superintendent of Buildings.
(14) 
Separation of frame structures. Unless otherwise specifically provided in this article, frame structures of wood or other combustible materials shall have clearance of at least 10 feet from all other such frame structures upon the same plot, except that such clearance may be reduced to four feet, provided that all exterior walls within the limits of the ten-foot clearance shall be of masonry or masonry veneered or spaces between the studs filled with incombustible materials in accordance with the rules of the Superintendent of Buildings.
E. 
Location within fire district. A structure shall be deemed to be within the fire limits if more than 1/3 of the area of such structure is located therein.
F. 
Moving frame buildings. No structures of frame construction shall be hereafter moved from without to within the fire limits nor from one location to another within the fire limits unless such structure shall, in its final location, conform with all of the requirements of this code for new frame construction within the fire limits, § 86-15D.
A. 
Permissible frame construction outside of fire limits. Outside of the fire limits, the only frame structures of wood or other combustible materials which may hereafter be constructed shall be such as are specifically provided for in this code and the following: one-story stables or garages on the same plot with a one- or two-family residence structure, provided that they are 600 square feet or less in area and 15 feet or less in height and that their exterior walls are distant at least 3 1/2 feet from the lot lines, except that their exterior walls may be located less than 3 1/2 feet from the lot lines if built of approved masonry or masonry veneered or the spaces between the studs are solidly filled with incombustible materials in accordance with the rules of the Superintendent of Buildings.
B. 
Permissible alterations outside of fire limits. Outside of the fire limits, the only permissible alterations to existing wood frame structures shall be such as are specifically provided for in this code and the alteration of any existing nonfireproof or wood frame structure for use as an institutional building in which persons are harbored for medical, charitable or other care or treatment when permitted by the Village Board, and provided further that the buildings shall conform with the following:
(1) 
Restrictions on converted institutional buildings. No structure shall be altered for use as an institutional building which exceeds three stories or 40 feet in height or 2,500 feet in area, nor shall any such structure be increased in number of stories or be enlarged or extended so as to exceed its existing area on any floor at the time of conversion by more than 25%. Any such structure may be enlarged or extended to exceed 2,500 square feet when permitted by the Zoning Ordinance and the Village Board, provided that the extensions are of Class 1 or Class 2 construction.
(2) 
Fire retarding of converted institutional buildings.
(a) 
All exterior walls shall be veneered with masonry.
(b) 
All exterior stud walls or where walls are studded and furred off shall have all spaces between studs filled with incombustible materials and fire-stopped in accordance with the rules of the Superintendent of Buildings.
(c) 
All interior stud bearing walls shall be fire-stopped and have all spaces between studs filled with incombustible materials.
(d) 
The walls of all corridors, entrance halls and enclosed stairs shall be constructed as prescribed in § 86-72F, Fireproof partitions, or if such walls are stud partitions, the corridor hall or stair side of such wall shall be covered with metal lath and seven-eighths-inch cement or sanded gypsum plaster. All such walls shall be fire-stopped and spaces between studs filled with incombustible materials.
(e) 
All corridor ceilings shall be covered with metal lath and plaster. Corridor floors shall be finished with at least 3/4 inch of incombustible material. All spaces between floor beams for the full width of the corridor shall be filled with incombustible material.
(f) 
The entire ceiling of the basement or cellar shall be covered as prescribed in § 86-78, Fire-resistive ceilings.
(g) 
All roofs shall be covered with incombusitible material.
(3) 
Required means of egress for converted institutional buildings.
(a) 
Every room above the first story shall have two means of egress.
(b) 
One required means of egress shall be an enclosed fire stair terminating with an exit at grade. The stair shall be constructed of incombustible material and shall conform with § 86-40, Required stairways. In structures not over two stories in height, the enclosing walls shall have a fire-resistive rating of at least one hour, Stair platforms and landings shall be constructed as required for corridor floors.
[1] 
In structures three stories in height, the enclosing walls of the two uppermost stories shall have a fire-resistive rating of one hour, and stair platforms and landings may be constructed as required for corridor floors. The enclosing walls of the first story shall have a fire-resistive rating of at least two hours, and the stair landing at the first floor and at grade shall be of fireproof construction with a fire-resistive rating of at least three hours. Unless every such stairway and enclosing walls are supported by fire-proof construction at grade or at the first floor, it shall be supported by basement or cellar walls of unpierced masonry at least eight inches in thickness. All doors opening on the stairway shall be self-enclosing and have a fire-resistive rating of at least 3/4 hour. The fastening open of any such door is prohibited.
[2] 
Every stair leading from the cellar to the floor above shall be completely enclosed with fireproof partitions, as prescribed in § 86-72F, or with stud partitions and fire-retarded or plastered on both sides. The soffit and stringers of such stair shall be fire-retarded, and such stair enclosure shall be equipped with a self-closing door placed as the Superintendent of Buildings may approve.
(c) 
The second means of egress shall consist of a system of fire escapes accessible to each room above the first story. Such fire escapes shall be constructed of incombustible material and shall be in accordance with the rules of the Superintendent of Buildings.
C. 
Limitations on existing institutional buildings. Any nonfireproof or wood frame structure, which, at the time this code becomes effective, is or had been used or occupied as an institutional building in which persons are harbored for medical, charitable or other care or treatment, shall conform with the provisions contained in § 86-16B(2) and (3) of this code. Any such structure, which, at the time this code becomes effective, is or had been used or occupied as such institutional building and which does not conform with the provisions contained in § 8-16B(2) and (3) of this code, unless such structure conforms with the provisions of this section.
[Amended 5-7-1973]
A. 
Heights and area limits.[1]
(1) 
The maximum heights and areas of structures between exterior walls or between exterior walls and fire walls shall be within the limits fixed by the following table[2] according to the kind of occupancy to be provided for. Exterior wall thicknesses shall be included in calculating gross areas.
(2) 
The limits of area for commercial and garage structures, except Class 5 Metal Structures, may be increased 100% when approved sprinkler systems are installed.
(3) 
Class 2, Class 3 and Class 4 commercial and garage structures of greater total area may be constructed, provided that they are divided by fire walls into areas within the tabular limits.
(4) 
Public buildings of Class 3 construction, whose tabular height limitation is 25 feet, may be erected to a height of 35 feet if having only one occupied story.
(5) 
Class 3 residence structures of greater area than 3,000 square feet may be constructed, provided that they are divided by walls or partitions having a fire-resistive rating of at least three hours, into areas within the tabular limits.
(6) 
Class 5 commercial structures, when used for manufacturing purposes or for the storage of materials of an inflammable or highly combustible nature, shall be separated by at least 15 feet from any lot line. In other cases, the building shall be located at least five feet from the nearest lot line.
(7) 
Coal pockets and grain elevators within the fire limits shall be Class 1 Fireproof Structures or Class 2 Fire-Protected Structures.
(8) 
Class 6, Heavy Timber Construction structures exclusively for the storage or handling of building construction materials, may, in the discretion of the Superintendent, exceed 40 feet or three stories in height.
B. 
Increase in height of existing structures.
(1) 
Increasing the height of an existing structure, the height of which is equal to or less than the tabular height for like occupancy, so as to exceed the corresponding tabular height is forbidden.
(2) 
Increasing the height of an existing structure, the height of which exceeds the tabular height for like occupancy, is forbidden.
C. 
Increase in area of existing structures.
(1) 
Increasing the area of an existing structure so as to exceed the corresponding tabular area is forbidden, unless the enlarged structure is divided by fire walls into areas within the tabular units.
(2) 
Increasing the area of an existing structure, the area of which exceeds the tabular area for like occupancy, is forbidden, unless the existing and additional areas are separated by fire walls and the additional area is within the tabular limits or is subdivided by fire walls into areas within the tabular limits.
D. 
Fire protection in structures other than those of Class 1 and Class 2 construction. Structures hereafter erected, altered or converted to be used as garages, motor vehicle repair shops or gasoline service stations shall have the partitions, columns and girders, unless of fireproof construction, and all wood floor and roof construction covered and protected on all sides with fire-retarding materials or assemblies having a fire-resistive rating of at least one hour and in such manner as may be prescribed by the rules of the Superintendent of Buildings, except that when such buildings are not more than one-story high without basement or cellar, such protection shall not be required for the roof construction.
E. 
Recreational Class 5 Metal Structures.
(1) 
Any provision to the contrary notwithstanding, the maximum square-foot area of a Class 5 Metal Structure may be increased at the discretion of the Board of Trustees for qualifying recreational buildings in industrial zoned districts.
(2) 
To qualify under Subsection E(1) of this section, such recreational building shall:
(a) 
Be a low hazard structure.
(b) 
Be designed for use by not more than 99 persons.
(c) 
Not contain seating for spectators.
(d) 
Have as its primary purpose the pursuance of sports or recreational activities.
(e) 
Not be used for storage, warehousing or sale of goods, wares or merchandise, except as is incidental to such recreational or sports activity.
A. 
General restrictions. Except as hereafter otherwise provided in this article, no part of any structure hereafter erected or any enlargement of an existing structure shall project beyond the building line so as to encroach upon a public street or public space.
B. 
Projections removable. Any part of a structure permitted to project beyond the building line under the provisions of this article shall be so constructed that its removal may be made at any time without causing the structure or any part thereof to become structurally unsafe.
C. 
Structural support. No part of any structure hereafter erected or any enlargement of any existing structure that is necessary for the structural safety of the structure or an enlargement thereof shall project beyond the building line so as to encroach upon a public street or public space, but this shall not be deemed to prohibit the projection beyond the building line to the extent of not more than 12 inches of the footings of the street walls, provided that such projecting parts of footings are not less than eight feet below the sidewalk level.
D. 
Permissible projections.
(1) 
Areas, meaning open spaces below the ground level immediately outside the structure and enclosed by substantial walls, may project beyond the building line not more than 1/15 of the width of the street but not more than five feet, except where limited by existing public service utility structures; provided, however, that every such area shall be covered over at the street level by an approved grating of metal or other incombustible material of sufficient strength to carry safely the pedestrian street traffic.
(2) 
Steps leading up or down at entrances and included between ornamental columns, pilasters or check pieces at least three feet high on the sides of such entrances may project beyond the building line not more than 2 1/2% of the width of the street but not more than 18 inches in any case, provided that the aggregate width of such steps shall not exceed 20% of the actual street frontage of any one structure.
(3) 
Columns, pilasters and ornamental projections, including their mouldings and bases erected for aesthetic reasons, may project beyond the building line not more than 2 1/2% of the width of the street but not more than 18 inches in any case.
(4) 
Balustrades of an ornamental character, including the sills and brackets on which they rest, may project beyond the building line not more than 5% of the width of the street nor more than 22 inches in any case, provided that every part of such balustrade is not less than 10 feet above the sidewalk.
(5) 
Mouldings, belt courses, cornices, lintels, sills, pediments and similar projections of a decorative character may project beyond the building line not more than 1 14% of the width of the street nor more than 10 inches in any case.
(6) 
The main cornice, meaning a moulded projection at or near the top of the street wall, may project beyond the building line not more than 2 1/2% of the width of the street nor more than three feet in any case, provided that such main cornice is not less than 12 feet above the sidewalk at any point.
(7) 
Base courses may project beyond the building line not more than 1 1/4% of the width of the street nor more than 10 inches in any case, provided that they do not extend more than five feet above the highest point of the sidewalk.
(8) 
Rustications and quoins may project beyond the building line not more than four inches.
(9) 
Awnings and marquees at entrances to structures may extend beyond the street line and across the sidewalk to within two feet of the curbline, provided that they are not less than 10 feet above the sidewalk at all points and are constructed of iron and wire glass or other incombustible materials and securely supported from the building and properly drained, and provided further that, except on streets that may by ordinance be designated as market streets, no awnings or marquees shall extend along the street wall of a structure for more than 75% of the length of such wall nor, in any case, more than 50 feet, and there shall be a clear distance of not less than four feet between any two awnings on the same building.
(10) 
Fire escapes and balconies to fire towers or other required exits constructed of steel or other incombustible material, when required on the fronts of structures, may project beyond the building line not more than 4 1/2 feet, but no part of such fire escapes or balconies shall be less than 10 feet above the sidewalk, provided that nothing in this section shall prevent the use of movable ladders or stairs to the sidewalk so arranged that they are within 10 feet of the sidewalk only when in actual use.
(11) 
Vaults, entirely below the sidewalk level, may extend five feet beyond the building line, except where limited by existing public service utility structures.
(12) 
Hose connections for interior fire-extinguishing equipment and fresh air inlets for plumbing systems may project through a street wall not more than 12 inches beyond the building line, except that where there is an angle formed by the street wall and a check piece or the base of a column, pilaster or ornamental projection, provided as in this section specified, they may be so located that no part extends more than 15 inches from either side of such angle.
E. 
Permits revocable. Any permission, express or implied, to construct part of a structure so as to project beyond the building line under the provisions of this article is revocable by the Village Board of Trustees.
F. 
Alterations. No alterations or enlargement shall be made to any existing part of a structure now projecting beyond the building line, except in conformity with the provisions of this article insofar as it affects new construction.
[1]
Editor's Note: Former § 86-19, Restrictions within districts fronting on navigable waters, as amended, was repealed 1-24-1994 by L.L. No. 1-1994.