A.
Principal use to the present. An accessory use or structure in any
zoning district shall not be established prior to the principal use
or structure being present or under construction. Any accessory use
or structure shall conform to the applicable regulations of the district
in which it is located, except as specifically otherwise provided.
B.
Placement restrictions for residential district. An accessory use
or structure in a residential district may be established subject
to the following regulations:
(1)
Accessory building number limits. In any residential district,
in addition to the principal building, a detached garage or attached
garage and two additional accessory buildings may be placed on a lot.
[Amended 10-5-2017 by Ord. No. 11-2017]
(2)
Accessory building size limits. Garages and other detached accessory
buildings shall have a height equal to or less than the principal
structure, up to a maximum of 15 feet.
(3)
Attached accessory buildings. All accessory buildings which
are attached to the principal building shall comply with the yard
requirements of the principal building.
(4)
Detached accessory building size limits. No detached accessory
building shall occupy any portion of the required front yard or be
located within three feet of any other accessory building or lot line.
No detached accessory building that is in addition to an attached
or detached garage shall occupy any portion of the required side yard
and in any event, shall not be closer than 60 feet to the front lot
line. Additionally, no detached accessory building that is in addition
to an attached or detached garage shall occupy more than 30% of the
required rear yard, nor shall it contain more square footage than
the square footage of the living area of the principal structure.
An accessory building shall not be nearer than 10 feet to the principal
structure unless the applicable building code regulation in regard
to one hour fire-resistive construction are complied with.
(5)
Detached accessory building materials. Any and all detached
accessory buildings greater than 144 square feet shall not be built
with metallic and/or any type of decorative metal sheeting.
C.
Use restrictions for residential district. Accessory uses or structures
in residential districts shall not involve the conduct of any business,
trade or industry except for home occupations as defined herein and
shall not be occupied as a dwelling unit.
D.
Placement restrictions — nonresidential districts. An accessory
use or structure in a business or manufacturing district may be established
in the rear yard or side yard and shall not be nearer than three feet
to any side or rear lot line.
E.
Reversed corner lots. When an accessory structure is located on the
rear of reversed corner lot, it shall not be located beyond the front
yard required on the adjacent interior lot to the rear, nor nearer
than three feet to the side line of the adjacent structure.
F.
Landscaping and decorative uses. Accessory structures and vegetation
used for landscaping and decorating may be placed in any required
yard area. Permitted structures and vegetation include flag poles,
ornamental light standards, lawn furniture, sun dials, bird baths,
trees, shrubs and flowers and gardens.
G.
Temporary uses. Temporary accessory uses such as real estate sale
field offices or shelters for materials and equipment being used in
the construction of the permanent structure may be permitted by the
Zoning Administrator.
H.
Garages in embankments in front yards. Where the mean natural grade
of a front yard is more than eight feet above the curb level, a private
garage may be erected within the front yard, provided as follows:
(1)
That such private garage shall be located not less than five
feet from the front lot line;
(2)
That the floor level of such private garage shall be not more
than one foot above the curb lever; and
(3)
That at least 1/2 the height of such private garage shall be
below the mean grade of the front yard.
I.
Outdoor lighting. Outdoor lighting installations shall not be permitted
closer than three feet to an abutting property line and, where not
specifically otherwise regulated, shall not exceed 15 feet in height
and shall be adequately shielded or hooded so that no excessive glare
or illumination is cast upon the adjoining properties.
J.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories such as pools, fountains, statuary, flag poles,
etc., shall be permitted in setback areas, but not closer than three
feet to an abutting property line other than a street line.
K.
Retaining walls. Retaining walls may be permitted anywhere on the
lot, provided, however, that no individual wall shall exceed six feet
in height, and a terrace of at least three feet in width shall be
provided between any series of such walls, and provided further that
along a street frontage no such wall shall be closer than three feet
to the property line.
L.
Agricultural structures. Agricultural structures such as barns, silos,
and windmills shall not exceed in height twice their distance from
the nearest lot line.
M.
All outdoor heating facilities, or structures of a similar nature,
such as but not limited to furnaces, heaters and boilers, shall be
subject to the following restrictions:
[Amended 6-3-2003]
(1)
Only one structure may be erected on any lot;
(2)
The facility may only be permitted in the R-1 Residential District;
(3)
No facility may be erected until a permit has been received
from the Zoning Administrator who has evaluated the location and design
of the facility and finds that the facility meets the requirements
of all Village ordinances, and at a minimum, meets the code and design
requirements of the unit's Underwriter Laboratory Standards. Such
a permit shall be in an amount as set by the Village Board;[1]
(4)
All piping extending from the facility shall be buried underground
and free from public view;
(5)
The facility shall only be located in the rear yard;
(7)
The facility shall be set back from property lines a minimum
of 15 feet, but shall always be located closer to the owner's principal
structure than to any property line;
(8)
The facility shall have a chimney that extends a minimum height
of 15 feet measured vertically from the natural grade of the ground
at the base of the facility.
N.
All temporary storage facilities or structures, such as but not limited
to, soft or hard storage tents or huts, garages, buildings and all
other structures of a temporary nature, not intended to permanently
remain on the lot, shall be subject to the following restrictions:
[Added 1-5-2004; amended 2-1-2010 by Ord. No. 2-2010]
(1)
No structure or facility may be erected until a permit has been
received from the Zoning Administrator who has evaluated the location
and design of the facility and finds that the facility meets the requirements
of all Village ordinances. Such a permit shall be in an amount as
set by the Village Board;[3]
(3)
Only one temporary structure or facility may be erected on any
lot in addition to the permitted principal and accessory structures
per each lot as specified by Village Code;
(4)
No electric, sewer or water utilities shall be permitted with
any temporary structure or facility;
(5)
The structure or facility shall only be located in the side
or rear yard and must stay within required accessory structure setbacks
for that district;
(7)
The floor area of the structure or facility shall not be greater
in size than 400 square feet;
(8)
The structure or facility shall not exceed a height of 15 feet
measured vertically from the natural grade of the ground at the base
of the structure or facility;
(9)
All structures or facilities not considered temporary shall
be considered either a permanent principal or accessory structure
and shall be subject to Village building permit requirements;
(10)
No temporary structure or facility shall be permitted to completely
enclose its internal space; any structure or facility that completely
encloses its internal space shall be considered either a principal
or accessory structure and shall be subject to Village building permit
requirements.
(11)
The Zoning Administrator shall have the authority to deny or
withdraw a temporary structure or facility permit should the structure
or facility violate any provision of this chapter or be unkempt or
be damaged or be blighted.
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked closer than
two feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. Fences as used in this section shall not
include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of within 15 days and shall not be
allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code.
E.
Not more that 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
FENCE
Definitions. For the purpose of this section, the following term
shall have the meaning indicated:
An enclosed barrier consisting of vegetation, wood, stone
or metal intended to prevent ingress or egress. For the purpose of
this section, the term "fence" shall include plantings, such as hedges
and shrubbery. No fence shall be constructed of unsightly or dangerous
materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into five classifications:
(1)
Boundary fence. A fence placed on or within three feet of the
property lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to
the public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance
the appearance of the structure or the landscape.
(4)
Hedge. A row of bushes or small trees planted close together
which may form a barrier, enclosure or boundary.
(5)
Picket fence. A fence having a pointed post, stake, pale or
peg laced vertically with the point or sharp part pointing upward
to form a part of the fence.
C.
Height of fences regulated.
(1)
A fence, wall, hedge or shrubbery may be erected, placed, maintained
or grown along a lot line on residentially zoned property or adjacent
thereto to a height not exceeding six feet above the ground level,
except that no such fence, wall, hedge or shrubbery which is located
in a required front or corner side yard shall exceed a height of 2
1/2 feet. Where such lot line is adjacent to a non-residentially zoned
property, there shall be an eight foot limit on the height of a fence,
wall, hedge or shrubbery along such lot line.[1]
(2)
No fence, wall, hedge or shrubbery shall be erected, placed,
maintained or grown along a lot line on any non-residentially zoned
property, adjacent to a residentially zoned property, to a height
exceeding eight feet.
(3)
In any residence district, no fence, wall, hedge or shrubbery
shall be erected, constructed, maintained or grown to a height exceeding
three feet above the street grade nearest thereto, within 25 feet
of the intersection of any street lines or of street lines projected.
D.
Setback for residential fences. Fences on or adjacent to a residential
property are permitted on lot lines. Fences may be constructed alongside
lot lines, but shall not extend into the front setback area as extended
to the side lot lines.
E.
Security fences. Security fences are permitted on the property lines
in all districts except residential districts, but shall not exceed
10 feet in height and shall be of an open type similar to woven-wire
or wrought-iron fencing.
F.
Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or higher and project toward the fenced property and away from any public area. Electrified fencing may be used under the provisions of Village Code § 181-6F and in conjunction with Subsection H below.
[Amended 10-6-2022 by Ord. No. 3-2022]
G.
Fences to be repaired. All fences shall be maintained and kept safe
and in a state of good repair, and the finished side or decorative
side of a fence shall face adjoining property.
H.
Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, containment of goats during their
use for grazing purposes; or for similar purposes, shall be clearly
visible or marked with colored streamers or other such warning devices
at four-foot intervals. Such fences shall comply with the setback
requirements set forth in this section. The issuance of a permit shall
not be necessary for temporary fences as described herein with exception
to goat keeping under permit, but said fences shall not be erected
for more than 30 days.
[Amended 10-6-2022 by Ord. No. 3-2022]
I.
Nonconforming fences and hedges. Any fence or hedge existing on the
effective date of this chapter and not in conformance with this section
may be maintained, but any alteration, modification or improvement
of said fence shall comply with this section.
A.
PRIVATE OR RESIDENTIAL SWIMMING POOL
Definition. As used in this section, the following terms shall have
the meanings indicated:
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
1 1/2 feet located above or below the surface of ground elevation,
used or intended to be used solely by the owner, operator or lessee
thereof and his family, and by friends invited to use it, and includes
all structural facilities, appliances and appurtenances, equipment
and other items used and intended to be used for the operation and
maintenance of a private or residential swimming pool.
B.
Exempt pools. Storable children's swimming or wading pools, with
a maximum dimension of 15 feet and a maximum wall height of 15 inches
and which are so constructed that it may be readily disassembled for
storage and reassembled to its original integrity are exempt from
the provisions of this section.
C.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction as provided for in Subsection B, unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction,
alteration, addition, remodeling or other improvements and pool installation
shall be in accord with all state regulations and code and with any
and all ordinances of the Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable
ordinances of the Village and all state codes. Every private or residential
swimming pool shall be provided with a suitable draining method and,
in no case shall waters from any pool be drained into the sanitary
sewer system, onto lands of other property owners adjacent to that
on which the pool is located or in the general vicinity.
(3)
All electrical installations, including lighting and heating
but not limited thereto, which are provided for, installed and used
in conjunction with a private swimming pool shall be in conformance
with the state laws and Village ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed in rear
or side yards only and only on a lot occupied by a principal building.
No swimming pool shall be erected or constructed on an otherwise vacant
lot. A lot shall not be considered vacant if the owner owns the contiguous
lot and said lot is occupied by a principal building.
(2)
No swimming pool shall be located, constructed or maintained
closer to any side or rear lot line than is permitted in the Zoning
Code for an accessory building, and in no case shall the water line
of any pool be less than six feet from any lot line.
E.
Fence.
(1)
Pools within the scope of this section which are not enclosed
with a permanent building shall be completely enclosed by a fence
of sufficient strength to prevent access to the pool. Such fence or
wall shall not be less than six feet in height and so constructed
as not to have voids, holes or openings larger than four inches in
one dimension. Gates or doors shall be kept locked while the pool
is not in actual use.
(2)
The pool enclosure may be omitted where portable pools are installed
above ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing a minimum of 36 inches high on the
top.
F.
Compliance. All swimming pools existing at the time of passage of
this Code not satisfactorily fenced shall comply with the fencing
requirements of this section when water is placed in the pool.
