A. 
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year, or on land subject to periodic overflow.
B. 
No persons, firm or corporation shall strip, excavate, or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, except as hereinafter specified.
C. 
Any area of land having an area of more than one acre from which topsoil has been removed or covered over by fill, such area shall be seeded to provide as effective cover crop within the first growing season following the start of said operation.
D. 
Existing natural features such as trees, brooks, drainage channels, and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
E. 
No excavation in conjunction with the construction or structural alteration of a building and/or adjacent land areas to serve said construction shall be commenced without a zoning permit issued by the Code and Zoning Enforcement Officer. Applications for a permit shall be accompanied by evidence that the provisions of this chapter are adhered to.
[Added 3-12-1985 by L.L. No. 4-1985]
A. 
No lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
(1) 
More than one principal building may be erected on one parcel in the General Business District (B2), provided that each building meet the requirements of § 609A, Zoning schedule.
[Amended 8-3-1999 by L.L. No. 6-1999]
(2) 
All structures in each zone shall have the minimum floor area as required by § 609A, Zoning schedule.
B. 
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building, and if located in a side yard area shall conform to side yard requirements of this chapter.
C. 
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Village's requirements.
D. 
At the intersection of two or more streets, no hedge, fence or wall other than a single post or tree, which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each, 30 feet distance from said intersections along said street line.
E. 
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
F. 
All yards, open space, off-street parking, and required landscaping, must be contained within the zone in which the use is permitted.
G. 
For the purpose of regulating the locations of accessory buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
H. 
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of the Law either with respect to any existing structure or use and any proposed structures or use.
I. 
Any fence erected in the Village shall adhere to the following:
(1) 
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms except insofar as such farms might affect the public safety.
(2) 
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(3) 
[1]Fences may be erected, altered or reconstructed to a height not to exceed three feet above ground level when located within 25 feet of the right-of-way line regardless of depth or required front yard.
[1]
Editor's Note: The deletion of original § 702.9-3, regarding fences and which would have appeared herein, was ratified at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Fences may be erected, altered or reconstructed to a height not to exceed eight feet above ground level when located in any required yard when more than 25 feet from a right-of-way line.
(5) 
The face side of any fence erected in any district shall face the nearest abutting property and all posts or supports shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side.
[Added 3-12-1985 by L.L. No. 4-1985]
(6) 
No person shall construct or maintain a fence of barbed wire, electrified or invisible radio-controlled fence along the line of the street or sidewalk. No person shall construct or maintain a fence of barbed wire elsewhere within the Village without written permission from the Board of Trustees.
[Added 3-12-1985 by L.L. No. 4-1985; amended 6-20-2017 by L.L. No. 3-2017]
(7) 
A single strand of wire shall not be erected, placed or maintained so as to be dangerous to life or limb of any person because of its height.
[Added 3-12-1985 by L.L. No. 4-1985]
(8) 
All property owners and/or users of a said property shall be responsible for the care, safety and confinement of all domestic pets of the household and livestock where zoning allows in their charge. All operations shall provide adequate fencing and gates to confine domestic pets of the household and livestock where zoning allows in a safe and responsible manner. The public needs to be protected from domestic pets of the household and livestock that may cause bodily harm and/or property damage if the animals venture off the property they are housed on. Therefore, any and all animal control laws that require domestic pets of the household and livestock to be confined and not "run at large" without restraint, confinement or supervision, are reasonable and help to protect public health and safety.
[Added 6-20-2017 by L.L. No. 3-2017]
J. 
Storage of flammable liquid or gas. No storage of any flammable liquid or gas in quantities exceeding 280 gallons shall be allowed except with prior approval of the Fire Inspector and in conformance with the recommendations of the National Board of Fire Underwriters.
K. 
Lots in two districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for less restricted portion of such lot shall extend not more than 30 feet into the more restrictive portion, provided the lot has frontage on a street in the less restricted district.
L. 
The permitted accessory uses in any district shall not include any use first specified in a less restricted district. In the interpretation of this provision, an "I" District shall be considered the least restricted and an "A" District the most restricted.
M. 
Dumping of refuse, waste materials and other substances is prohibited for all districts in the Village except in specified areas or area designated as a Village dump by the Village Board, or except for the purpose of being filled to established grades for which a permit must be obtained from the Village Board.
N. 
The following uses are specifically prohibited within any zoning district within the Village:
[Amended 3-12-1985 by L.L. No. 4-1985; 9-12-1989 by L.L. No. 6-1989; 6-20-2017 by L.L. No. 3-2017]
(1) 
Junkyards.
(2) 
Kennels.
(3) 
Single-width mobile homes for which the transport axles remain as part of the structural member of the unit. With exception of construction trailers used for temporary on-site offices or any otherwise provided for in this chapter.
(4) 
Windmills.
(5) 
Freestanding outside solid-fuel-burning furnaces.
O. 
In any district, during the construction of a dwelling, it shall be unlawful to occupy all or any part of the cellar for sleeping purposes for a period in excess of 12 months.
P. 
All structures erected in the vicinity of the airport shall conform with the current federal aviation regulations.[2]
[2]
Original § 702.17, regarding zoning permits for preconstructed storage buildings, added 3-12-1985 by L.L. No. 4-1985 and which immediately followed this subsection, was repealed 6-20-2017 by L.L. No. 3-2017.
Q. 
Yards and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation, and animal debris and waste, in a manner that will prevent dust or other particles from being blown about the neighborhood. Open wells, cesspools or cisterns shall be securely closed or barricaded from access by the public. All temporary excavations shall be kept covered or barricaded so as to protect the general public from injury.
[Added 1-12-1999 by L.L. No. 1-1999]
R. 
All land must be kept free of dead or dying trees and accumulations of brush, shrubs, weeds, grass, stumps, roots, excessive and/or noxious growths, garbage, refuse or debris which would either tend to start a fire or increase the intensity of a fire already started or cause poisoning or physical irritation to other people or animals or cause or tend to cause or enhance an unhealthy or dangerous condition to exist or an unhealthy or unpleasant odor on said property or on any adjacent or neighboring property.
[Added 1-12-1999 by L.L. No. 1-1999; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
S. 
No exterior accumulation of garbage, crates, rubbish, refuse or debris shall be permitted at any time. All such garbage, rubbish, refuse or debris shall be stored in an acceptable enclosure in a rear yard and shall be regularly collected and removed from the premises. Such enclosures, with the exception of dumpsters, may be moved to the curbside for collection.
[Added 1-12-1999 by L.L. No. 1-1999]
T. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse in accordance with the provisions of applicable codes. Each owner of any building from which garbage, rubbish, mixed refuse, ashes or other wastes are collected shall provide refuse containers sufficient in number to hold all collectible wastes which may accumulate. Containers must be rodent and insect proof and watertight and must be kept covered at all times. Such containers may not be stored in a front yard or exterior side yard.
[Added 1-12-1999 by L.L. No. 1-1999]
U. 
All household furnishings manufactured and intended for interior use shall not be used or located in front yards, exterior side yards or any porches, decks or patios that are not weathertight. There shall not be any excessive long-term storage or accumulation of personal or interior household belongings to be visible from the street frontage.
[Added 6-20-2017 by L.L. No. 3-2017]
V. 
There shall not be any recreational operation of dirt bikes, minibikes, four-wheel ATVs, snowmobiles and golf carts within the Village limits. Exception: parades, golf course use, property maintenance or designated recreational areas.
[Added 6-20-2017 by L.L. No. 3-2017]
[Amended 7-30-1998 by L.L. No. 6-1998]
A. 
In any agricultural or residential district, the permitted uses shall not include:
(1) 
Storage of flammable liquids known as "Class I" or "Class II" in quantities exceeding 280 gallons.
(2) 
Any use which is noxious or offensive by reason of refuse, matter, dust, odor, smoke, gas, fumes, noise, vibration, unreasonable use of lights or night-time operation.
B. 
Accessory structures shall have maximum building heights that range from 18 feet to 35 feet as set forth in the Zoning Schedule of Area, Lot and Bulk Requirements per § 609A.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
No accessory structure shall be located within 10 feet of a principal building or other accessory building.
D. 
No front yard shall be used for the open storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles. Except in case of emergency when granted a permit for same by the Code and Zoning Enforcement Officer, no such vehicle wherever located on the premises shall be connected to municipal services nor shall any vehicle be used as a dwelling while stored on the premises.
[Amended 8-25-1992 by L.L. No. 2-1992]
E. 
Not more than one commercial vehicle shall be parked out of doors overnight or on Sunday in conjunction with a residential property in a residential zone. No vehicles for commercial display purposes shall be stored in any district at any time.
F. 
In any agricultural or residential district, no accessory building shall be erected in any yard except as set forth in the Zoning Schedule of Area, Lot and Bulk Requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
Residential swimming pools located on residential premises, for private use only, and applying to a permanently constructed pool used for bathing or swimming, 24 inches or more in depth or with a water surface exceeding 250 square feet shall not be constructed or maintained unless:
(1) 
Such pool shall be no closer than four feet from side or rear property line and shall have a setback of at least 40 feet.
(2) 
There shall be erected and maintained a protective fence, extending from the ground to a height of not less than four feet above the ground level, with posts at intervals of not more than eight feet enclosing the entire premises upon which such pool is constructed or entirely surrounding the area in which such pool is located, except that such fence may include one or more separate gates which shall be capable of being closed and locked and which such gate or gates shall be constructed so as not to provide an opening in excess of four feet in width.
H. 
Frontage in these districts may be used for the sale by a resident thereof farm products grown on the premises. Permanent structures for such purposes must comply with the setback and other requirements of this chapter. Temporary moveable structures may be placed and used for such purposes only after the receipt of a temporary permit therefor and on compliance with such reasonable terms and conditions as may be imposed, provided adequate off-street parking is provided.
I. 
No satellite receiving antenna may exceed three meters in diameter, nor be installed to reach a height in excess of 12 feet, nor be located in other than a rear yard, nor be closer than 10 feet to any lot line. Satellite receiving antenna that do not exceed 24 inches in diameter are exempt from any requirements of this statute.[1]
[Added 3-12-1985 by L.L. No. 4-1985; amended 3-14-1995 by L.L. No 1-1995]
[1]
Editor's Note: So in original.
J. 
No solar panels shall be installed other than within the existing structure of a building, or be located on other than the rear yard, nor closer than 10 feet to any lot line.
[Added 3-12-1985 by L.L. No. 4-1985]
[Amended 8-14-1990 by L.L. No. 3-1990]
A. 
B District manufacture or repair. The number of persons engaged in the manufacture of articles or the fabrication or repair of goods or articles shall not exceed two in any establishment in a B District. The individual and total horsepower of machinery used for such purposes in any such establishment shall not exceed 5 H.P. and 10 H.P., respectively. Manufacture shall be limited to that incidental to retail sale on the premises, and repair shall be limited to custom repair service.
B. 
Enclosure required. Certain uses specified in the list of permitted uses as being subject to one or more provisions of this section are hereby restricted as follows:
(1) 
The principal use shall be conducted only within a completely enclosed building.
(2) 
Such building shall have no opening other than stationary windows, or self-closing fire exit doors required by law, within 50 feet of the nearest property line of a lot in any agricultural or residential district.
C. 
All garage and filling station pumps, lubricating or other automobile devices shall be located at least 20 feet from any street line or highway right-of-way. All fuel, oil or other flammable substances shall be stored at least 35 feet distance from any street or lot line. No public garage for more than five motor vehicles shall have any entrance or exit for such vehicles within 50 feet of an agricultural or residential district, any school, any church, or any institution for residence, training, or treatment of children or handicapped persons.
D. 
Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
E. 
Any awnings or marquees and accompanying structural members shall be maintained in a good state of repair. In the event that said awnings or marquees are made of cloth, plastic or of a similar material and are exposed to public view, such material shall not show evidence of excessive weathering, discoloration, ripping, tearing, holes or other deterioration. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
[Added 1-12-1999 by L.L. No. 1-1999]
F. 
A SPECIAL EVENT Certificate of Limited Use may be issued for a vacant business unit, provided the following criteria is strictly adhered to:
(1) 
An inspection of the area to be utilized is performed by the Code and Zoning Enforcement Officer prior to use. Uninspected areas are not to be entered into or accessible to or by anyone for any reason.
(2) 
No overnight use will be permitted.
(3) 
No alcohol sale or consumption will be permitted.
(4) 
A maximum occupancy of four days per event with a minimum of 14 days elapsing between occupancies and a maximum usage of eight separate times during a twelve-month period.
(5) 
No more than 25 persons shall occupy the space at any time.
(6) 
There is to be no usage of water or sewer. Failure to comply with this section will result in the termination of any water abatement agreement.
(7) 
The type of use/occupancy must be preapproved by the Code Enforcement office.
(8) 
The certificate is to be displayed at all times in the window of the vacant structure during the use of said structure. The certificate can be revoked by the Code Enforcement office for failure to comply and the occupancy will be immediately terminated.
(9) 
Temporary signage will be permitted per the district regulations.