[1983 Code]
In interpreting and applying the provisions of this Title, they
shall be held to be the minimum requirements for the promotion of
public safety, health, convenience, comfort, morals, prosperity and
general welfare. It is not intended by this Title to interfere with,
abrogate or annul any ordinance, rules, regulations or permits previously
adopted or issued and not in conflict with any of the provisions of
this Title, or which shall be adopted or issued pursuant to law relating
to the use of buildings or premises and likewise not in conflict with
this Title; nor is it intended by this Title to interfere with, abrogate
or annul any easements, covenants or other agreements between parties,
except that if this Title imposes a greater restriction, this Title
shall control.
[1983 Code]
No building or structure shall be erected, converted, enlarged,
reconstructed or structurally altered, nor shall any building or land
be used for any purpose other than is permitted in the district in
which the building or land is located.
[1983 Code]
When two or more parcels of land, each of which lacks adequate
area and dimension to qualify for a permitted use under the requirements
of the use district in which they are located, are contiguous and
are held in one ownership, they shall be used as one zoning lot for
such use.
[1983 Code; 3-4-1985; 7-15-1985; 11-20-1995]
A.
Where an accessory building is structurally attached to a main
building, it shall be subject to and must conform to all regulations
of this Title applicable to the main building.
B.
An accessory building may not be located nearer to any exterior
lot line than that permitted for the main building, when any part
of the accessory building is on line with the main building if extended,
except, when an accessory building is located in the rear yard, it
may then be located within three feet of the interior lot line, but
not nearer than five feet to any alley abutting the rear or side lot
line. All detached accessory buildings in the "R" District shall not
be located nearer than 10 feet from the rear of the principal residential
structure; and no accessory building shall have a building height
of more than one story or 17 feet whichever is greater.
C.
An accessory building shall not be erected prior to the establishment
or construction of the main building to which it is an accessory.
D.
No accessory building shall be located on a reversed corner
lot beyond the front yard required on the adjacent lot to the rear,
nor be located nearer than five feet to the side lot line of the adjacent
lot.
E.
In the R District where an accessory building has a driveway
entrance from the front of the lot only, the garage may be located
within three feet of an alley; provided, that this restriction shall
not apply to a utility easement along the rear of the lot. In no event,
however, shall any accessory building or any eave or roof or other
projection of such a building project into such easement area.
F.
Satellite Receiving Antenna Regulations.
1.
Satellite Receiving Antenna Construction.
a.
Before proceeding with the construction, alteration or repair
of a satellite receiving antenna in the Village a permit for the same
shall be first obtained by the owner or his agent from the Village.
b.
All satellite receiving antennas shall comply with BOCA and
FCC requirements and construction standards established by the Village.
c.
The construction and installation of all satellite receiving
antennas shall conform to applicable Village building code, Village
construction standards and electrical code regulations and requirements.
d.
Electromagnetic Interference. Each satellite receiving antenna
shall be filtered and/or shielded so as to prevent the emission of
radio-frequency energy that would cause any harmful interference with
the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to the granting of a building permit, the owner of the dish antenna
shall promptly take steps to eliminate the harmful interference in
accordance with all applicable regulations.
e.
Each satellite receiving antenna shall serve only the building
located upon the zoning lot on which said satellite receiving antenna
is constructed pursuant to this chapter.
f.
Satellite receiving antennas shall be constructed of noncombustible
and corrosive-resistant material.
g.
Satellite receiving antennas shall be constructed and erected
in a secure and wind-resistant manner. The antenna shall be wind-resistant
enough to withstand 85 mile per hour winds normally and 70 mile per
hour winds when combined with ice, without sustaining damage.
h.
The satellite receiving antenna must be adequately grounded
for protection against a direct strike of lightning.
i.
Roof-mounted satellites shall have a certification from a structural
engineer regarding the location stating that the structure is capable
of handling the antenna and that said antenna does not provide any
additional stress which the structure cannot bear. A scale size drawing
must be submitted with the certification when applying for a building
permit.
j.
Fee for the installation of satellite antenna shall be established
by the President and Board of Trustees of the Village from time to
time.
k.
This Subsection
F shall not apply to satellite receiving antennas 24 inches or smaller.
2.
Residential Districts. A satellite receiving antenna may be
located in any residential district provided that the same:
a.
Shall be neutral in color and bear no advertising emblem or
information other than the name of the manufacturer in letters not
to exceed two inches in height.
b.
Shall be compatible with the appearance and character of the
neighborhood.
c.
Shall be limited to one per lot.
d.
Shall not exceed 10 feet in diameter.
e.
Shall be free-standing and shall not be roof-mounted, or attached
in any manner to a building located on said lot, regardless of size.
f.
Shall be located only in a rear yard and any part of said satellite
receiving antenna shall be a minimum of 10 feet from any lot line.
g.
Shall not exceed 12 feet in height measured from ground level
to top of dish.
3.
Business Districts. A satellite receiving antenna may be located
in any business district provided that the same:
a.
Shall be neutral in color and bear no advertising emblem or
information other than the name of the manufacturer in letters not
to exceed two inches in height.
b.
Shall be compatible with the appearance of the neighborhood.
c.
Shall be limited to one per lot or per building, whichever is
less.
d.
Shall not exceed 12 feet in diameter.
e.
If roof-mounted, shall be to a maximum height of 35 feet, measured
from ground level. Additional requirements shall apply to roof-mounted
satellite receiving antennas.
f.
If not located directly on the ground, shall not be constructed
any closer to the ground than 10 feet and shall not be visible between
ground level and 10 feet above ground level from any street adjoining
the lot.
g.
Ground-mounted, not to be located between a building and a front
lot line. The full impact of satellite receiving antennas shall be
reduced by screening. If the subject parcel adjoins a residential
district, all antennas shall be placed a minimum of 10 feet from any
lot line and effectively screened by a fence, wall, or dense screening
hedge to a height of six feet. Said fence, wall or hedge shall be
located on or near the lot line bounding the residential district
and shall otherwise comply with the applicable zoning requirement
governing its location, shall be located only in a rear yard a minimum
of 10 feet from any lot line.
h.
The satellite receiving antenna shall be completely enclosed
by a fence or dense shrubbery with a minimum height of four feet and
a maximum height of six feet. All openings or points of entry into
the enclosure shall be equipped with gates which shall be the same
height as the enclosure. All gates shall be equipped with self-closing
and self-latching devices placed at the top of the gate and made inaccessible
to small children. All fence posts shall be decay or corrosion-resistant
and be set in concrete bases.
4.
Industrial Districts. A satellite receiving antenna may be located
in any industrial district provided that the same:
a.
Shall be neutral in color and bear no advertising emblem or
information other than the name of the manufacturer in letters not
to exceed two inches in height.
b.
Shall be compatible with the appearance of the neighborhood.
c.
Shall be limited to one per lot or per building, whichever is
less.
d.
Shall not exceed 12 feet in diameter.
e.
If roof-mounted, shall be to a maximum height of 35 feet measured
from ground level. Additional requirements shall apply to roof-mounted
satellite receiving antennas.
f.
Shall not be visible between ground level and 10 feet above
ground level from any street adjoining the lot.
g.
Ground-mounted, not to be located between a building and a front
lot line. The full impact of satellite receiving antennas shall be
reduced by screening. If the subject parcel adjoins a residential
district, all antennas shall be placed a minimum of 10 feet from any
lot line and effectively screened by a fence, wall, or dense screening
hedge to a height of six feet. Said fence, wall or hedge shall be
located on or near the lot line bounding the applicable zoning requirements
governing its location, shall be located in a rear yard a minimum
of 10 feet from any lot line.
[1983 Code; amended 12-2-2019]
A.
Nonconforming Uses. The lawful use of land for storage purposes
and for advertising signs and billboards which does not conform to
the provisions of this Title, shall be discontinued within five years
from the effective date hereof and the same uses of land which become
nonconforming by reason of a subsequent change in this Title shall
also be discontinued within five years from the effective date of
this change.
B.
Nonconforming Buildings.
1.
The lawful use of a building existing at the effective date
hereof may be continued, although such use does not conform with the
provisions hereof, and such use may be extended throughout the building;
provided no structural alterations, except those required by law or
ordinance, are made therein. If no structural alterations are made,
a nonconforming use of a building may be changed to another nonconforming
use of the same or more restricted classification. The foregoing provisions
shall also apply to nonconforming uses in districts hereafter changed.
Whenever a nonconforming use of a building has been changed to a more
restricted use or to a conforming use, such use shall not thereafter
be changed to a less restricted use.
2.
No building which has been damaged by fire, explosion, act of
God or the public enemy, to the extent of more than 60% of its value,
shall be restored except in conformity with the regulations of this
Title.
3.
In the event that a nonconforming use of a building or premises
is discontinued or its normal operation stopped for a period of 12
consecutive months, the use of the same shall thereafter conform to
the regulations of the district in which it is located. Factors used
to determine stopped or discontinued operation shall include but are
not limited to water service, occupancy, general maintenance and vegetation
maintenance.
4.
No existing building or premises devoted to a use not permitted
by this Title in the district in which such building or premises is
located, except when required to do so by law or ordinance, shall
be enlarged, extended, reconstructed or structurally altered, unless
such use is changed to one permitted in the district in which such
building or premises is located.
5.
Except as provided in Chapter 3-5 of Title 3, all nonconforming
commercial or industrial buildings located within any dwelling district
shall be removed or converted and the building thereafter devoted
to a use permitted in the district in accordance with the following
schedule:
In the case of buildings erected since January 1, 1931, within
40 years from the date of the issuance of a building permit therefor,
but in all cases on or before January 1, 1991.